Full text of "A memoir of the life of William Livingston : member of Congress in 1774, 1775, and 1776 : delegate to the federal convention in 1787, and governor of the state of New-Jersey from 1776 to 1790 : with extracts from his correspondence, and notices of various members of his family"

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MEMOIR OF THE LIFE

WILLIAM LIVINGSTON,

MEMBER OF CONGRESS IN 1774, 1775, AND 1776 ;

DELEGATE TO THE FEDERAL CONVENTION IN 1787, AND

GOVERNOR OF THE STATE OF NEW-JERSEY

FROM 1776 TO 1790.

EXTRACTS FROM HIS CORRESPONDENCE, AND NOTICES OF
VARIOUS MEMBERS OF HIS FAMILY.

" Civis, senator, maritus, gener, amicus, cunctls vitae officiis equabilis,
opum contemptor, recti pervicax, constans adversus metus."

Tac. Hist. iv. 5.

BY THEODORE SEDGWICK, JUN.

NEW-YORK:

PRINTED AND PUBLISHED BY J. d» J. HAEPER,
82 CLIFF-STREET.

183 3.

1 PUBLIC U3RARV'
,>0 - •

^»fO". LENOX «nC
TILOtH ►OU»»U*T'0**»
R 1^-^ 1.

[Entered according to Act of Congress, in the year 1833, by J. «fc J. Harper,
in the office of the Clerk of the .Southern District of New-York.]

TO WILLIAM JAY, ESQ.

OF BEDFORD, NEW-YORK.

In placing your name, my dear sir, upon the dedication-
page of this memoir of your maternal grandfather, no one,
I hope, will attribute to me the intention of rendering you
responsible, even in a remote degree, for the deficiencies,
perhaps the positive errors, of an early effort. First-fruits
are not alw^ays acceptable offerings.

I have taken this liberty without your permission, flatter-
ing myself, at the same time, that whatever reception this
volume may meet with in the world of critics, and how-
ever httle it may add to the materials of American history,
you, sir, will appreciate the motives which prompted it, and
accept without reluctance this trifling tribute of the sincere
regard and respect with which I am

'''^•;'^<>L\«r &b%e!a T4^iid', and

, Most obedient servant,
I .,;;^f^nimx.<mE Sedgwick, Jun.

New-York, ZldJdrMar:^, 183'6.'

PREFACE.

A FEW years after the death of Governor Liv-
ingston, proposals were issued for the pubhca-
tion of his works, together with a memoir of his
life. The proposition was favourably received
by the public, and it must be a cause of great
regret to every person interested in the repu-
tation of the subject of the following narrative,
that it was not carried into execution.

At that time, the proofs of Governor Livingston's
services, and of the estimation they had procured
him, might have been collected on every hand.
Many of his coDleifiporaries,^ p&ri^onal friends and
acquaintance were* still alive; they would naturally
have taken a strong interest in his memory, and
from their own fam-lis-rity with the important
occurrences in which he shared, have lent an aid,
which could not but be valuable, to the circulation
as well of his works, as of a narrative of his life.
It would then have required Httle skill to give his

6 PRKFACE.

essays and other writings a permanent place in
the early literature of the country, and to frame
such a memorial of his public career, as should
have ever afterwards formed an important con-
stituent of that body of revolutionary biography
from which arc hereafter to be drawn some of the
most interesting materials of American history.

The length of time which has now elapsed
since the death of Governor Livingston, puts the
first of these undertakings out of the question, and
renders the second extremely difficult. The con-
troversial writings of the period preceding, and
embracing the revolution, are, with a very small
number of exceptions, already neglected, and any
eflfort made at this late date to call the attention
of the public at large to the claims of a writer,
whose works originally appeared anonymously, or
in the perishing periodicals of the day, and which
have never ^mce, been republished in a collected
form, would be riecessariiy hopeless.

The difficultiQ'S'df-feompo&ing such a biography
of Governor Livingston, as will do justice to his
memory, though not equally increased by the
lapse of time, are still very material. Leaving out
of view the almost inevitable dispersion of original

PREFACE. /

documents, which has been very much felt in the
present instance — leaving out of view the loss of
those characteristic anecdotes, of that famihar,
but often most valuable information, which can
only be gathered from contemporaries, — he who
attempts to relate the life of any individual, how-
ever distinguished, at a distant period from that of
his death, must very sensibly miss that lively
interest in the subject, only to be felt by those
who acted with him, and which is one of the
circumstances most likely to draw the notice of
the public to the work.

Posthumous fame often owes much to a happy
selection of a biographer, and the warm esteem
and admiration felt by one age, may never, to the
great injury of a reputation, be transmitted to the
succeeding generation, solely from the want of
one, sufficiently able or interested, immediately to
collect and imbody, in an attractive form, those
fleeting but conclusive testimonials of worth and
greatness.

Labouring under these disadvantages, although
entertaining a hope that the following pages will
be found to throw soms new light, interesting, if
not important, upon the early history of the

o PREFACE.

country, the expectations of the author of tlic
present memoir are very hmited : but it lias been
considered a task not unworthy tlie partiahty and
respect of a descendant, even at this late day, to
imbody, in a distinct form, such memorials of
Governor Livingston's public services and private
character, as may possess some interest for those
at least who claim a share in his reputation — such
as may possibly also attract the attention of those
who wish to obtain a correct idea of the relative
importance of the men of the revolution.

In collecting the materials of the following
work, 1 have received from various members and
connexions of Governor Livingston's family, im-
portant assistance, for which 1 cannot express too
strong a sense of obligation. Of the many others
to whom I stand indebted in a similar manner, I
should do myself injustice, did 1 not particularly
mention the kind offices of Mr. Madison and Mr.
Sparks, Mr. Laurens and Mr. Gilman, of South
Carolina, and Mr. Carey; as well as the courtesy
shown me by our late Secretary of State, and his
able assistant, Mr. Campbell. Nor can 1 forget the
aid furnished by the library of our Historical So-
ciety, under the auspices of its indefatigable treas-
urer, without which it would have been impossible

PREFACE.

to give the work even as much accuracy or com-
pleteness as it now possesses.

In printing the documents contained in this
volume, I have intended to follow closely the
orthography of the originals, where any differ-
ences from the approved mode of the present day
are peculiar, either to the time at which they were
written, or to the individual. The page may have
a less perfect appearance, but it seems to me
contrary to the accuracy and truth of history to
correct errors, which, perhaps, are only made
such by the lapse of time, and which serve to
identify either the person or the period.

When a hundred and fifty pages of this volume
were printed, I was informed, for the first time, that
a large body of original documents belonging to
Governor Livingston's correspondence, which had
escaped my researches, was still preserved. Had
1 been aware of this at an earUer day, every effort
would have been tried to obtain them for incorpo-
ration into this work. But as they are intended
by their possessor for publication, it has been
found impossible to make any arrangement to
this end. As they are said principally to belong
to a period during which Governor Livingston's

1 0 niKFACE.

letter-books are entire, they can scarcely throw any
new light upon his services ; but if such materials
exist, and if they prove in any degree valuable, I
shall greatly regret the untoward circumstance
which has deprived this volume of the small merit
I had hoped it might claim, that of comprising
the substance of every existing document which
could illustrate the character or conduct of its
subject.

CONTENTS.

CHAPTER I.

The Origin of the Livingston Family — Robert, first Proprietor of
the Manor of Livingston, comes to New-York — Joins the Anti-
Leislerian Party in 1689 — Political Reverses — His Estate
confiscated in 1702 — Is finally successful — Made Speaker of
the Assembly in 1718 — Dies — Philip, his Son, second Pro-
prietor of the Manor ---..- Page 17

CHAPTER n.

Birth and Education of William Livingston — He graduates at
Yale College in 1741 — Commences the Study of the Law —
Letters — His Marriage — Publishes the poem of Philosophic
Solitude, "in 1747 — Begins to practise as Attorney in 1748 —
Digests the Laws of the Colony in 1752 — His professional
Character .-----.. 45

CHAPTER m.

Mr. Livingston edits the Independent Reflector in 1752 — Dissen-
sions on the Subject of the Charter of King's College — Letter
relating to the French and Indians — John Morke — Mr. Liv-
ingston edits the Watch Tower in 1754 — Termination of the
College Controversy — Death of Mrs. Catharine Livingston
in 1756 - - -• 74

12 CONTENTS.

CHAPTER IV.

Mr. Livingston publislics an Eulogy of the Rev. Aaron Burr —
Writes The Rrvinr uf Mthtarif Ojirratwns m America — Verses
— Is relumed to the Assembly in 1759 — Cause of Forsey and
Cunningham. — 1764 ; Publishes The Sentinel — The Stamp Act
— Controversy on the Subject of an American Episcopate —
Mr. Livingston publishes a Letter tu the. Bishop of Llandaff in
17G7 — Letters to and from Dr. Samuel Cooper— Edits The
American Whig in 1768-69 — Publishes a Satire upon Lieut.
Governor Golden — The Moot • - - " - 1 1 3

CHAPTER V.

Mr. Livingston removes to Elizabethtown, New-Jersey, in 1772
— Controversy relating to the Treasurer — He is sent to Con-
gress in 1774 — His Share in the Proceedings of that Body 155

CHAPTER VI.

Mr. Livingston is returned to the second Congress in 1775—
His Opinions on the Subject of the Declaration of Independ-
ence— Is recalled from Congress in June, 1776 — Takes Com-
mand of the Militia at Elizabethtown as Brigadier-general —
Letter from Joseph Reed — Battle of Bushwick - - 178

CHAPTER VII.

General Livingston elected Governor of the State of New-Jersey
in August, 1776 — His Exertions to rouse the People — Battle of
Trenton — Letter from Lord Stirling — Notices of that Officer's
Life. — 1777 ; Difficulties of the Government of the State — Let-
ters from Washington and Putnam — Militia Law — The Coun-
cil of Safety — Livingston's Hostility to the Tories — Letter from
Brockholst Livingston — Notices of his Life — Livingston unani-
mously re-elected Governor in November — Contributes to the
New-Jersey Gazette, under the signature of Hortentius 204

CONTENTS. 13

CHAPTER VIII.

1778; Letters to, and from, Washington and Laurens— Gov-
ernor Livingston receives the thanks of Congress for his Ex-
amination of the Hospitals at Princeton and Trenton — Poetical
Address to General Washington — Livingston re-elected Gov-
ernor in November — Letter from the Baron Van Der Ca-
pellen 251

CHAPTER IX.

1779 ; Extracts from Governor Livingston's Correspondence —
February — Attack upon his House — Letters from Hamilton
and Washington. — 1780, May ; British Orders for capture of
Governor Livingston — Incursion of the Enemy into New-
Jersey — Attack upon Livingston's House — His insufficient
Salary — Letters 318

CHAPTER X.

1781, Jan. ; Mutiny of the Pennsylvania Line — Sacrifice of Land
in Vermont — Conduct of Governor Livingston, and Letters on
the subject of Passes. — 1782 ; Letter from Sir Guy Carleton :
from Jefferson. — 1783 ; Peace — Returns to Elizabethtown 359

CHAPTER XL

Definitive Treaty of Peace — Governor Livingston nominated
Commissioner to erect the Federal Buildings — Chosen Minis-
ter to Holland — Declines — Letters on the Subject of Slavery
— Livingston elected Delegate to the Federal Convention —
Matthew Ridley — Disputes between the American Ministers
in France in 1782 382

CHAPTER XH.

1787 ; Livingston attends the Federal Convention — His Share in
the proceedings of that Body — Ratification of the Constitution

14 CONTENTS.

— Letter from Koberl 1{. Livingston — Notices of him — Let-
ter from llamilloii — Livingston riccivcs Degree of LL.D. —
Letter from Benjamin Harrison — Death of Mrs. Livingston —
Livingston cloc-ted (Governor for the last time — Dies, July
1790— Ilis Character 416

MEMOIR OF THE LIFE

WILLIAM LIVINGSTON.

THE

LIFE

WILLIAM LIVINGSTON.

CHAPTER I.

•

The family to which the subject of the follow-
ing Memoir belongs, although not originally estab-
lished in North America until more than half a
century after its colonial settlement, is at present
one of the most widely extended which the coun-
try contains; and through its different members,
the name has acquired a reputation worthy of its
numerous branches.

The first of the family who came to this country
was one of the most eminent of the early inhabit-
ants of the province of New-York, and the large
entailed estates which he left to his descendants
carried with them, until the time of the Revolution,
influence and importance. Since the fortunate

18 Tin: III K OF

penoil of llic sibolition ol all In rcdiiaiy .iiid o.x-
clusivc privileges, tiie weight of riink and ucallli
has been well cxcliangcd for the more desirable,
but less easily acquired power derived from char-
acter and talent.

The name of Livingston is attached to the
Declaration of Independence and to the Federal
Constitution ; it is honorably associated with our
foreign diplomacy, our domestic politics, and our
judicial iiistory, and there has been perhaps no
time in our annals when its respectability has not
been supported by some conspicuous individual.
It is at present borne by one who, as a legislator,
a jurist, and a statesman, has increased the reputa-
tion it had previously acquired.*

I have spoken of the first of the family of Living-
ston who came to this, country, the grand parent of
the subject of the present narrative ; and as there
is nowhere to be found any connected sketch of
his life, a short space will be here allotted to such
a narrative of his history as may be found inter-
esting, at least to the large circle of those who draw
their descent from him — such as, from its connexion
with our early colonial annals, may perhaps not
prove altogether tedious to the general reader.

Robert Livingston, son of John Livingstone,
eminent in Scottish church history, and Barbara
Fleming, was born at Ancram, a village on the

* The names of RoUert, Philip, William, Robert R., and Ed-
ward Livingston free the text from all impntation of panegyric.

WILLIAM LIVINGSTON. 19

Teviot, in Roxburghshire, Scotland, on the 13th
December, 1654, while his father was a minister
of that parish.*

* I here subjoin some particulars respecting the father and
more remote ancestors of the first American Livmgston, which,
though they have no immediate connexion with the text, may
nevertheless prove not unacceptable to the few persons curious
in such matters.

The ancient and distinguished Scottish family of Livingstone,
or, as the name is now written, Livingston, is said to derive its
origin from an Hungarian gentleman of the name of Livingius
(vid. Anderson's Genealogies), who accompanied Margaret, the
sister of Edgar Atheling, and wife of King Malcolm Canmore, from
his native country to Scotland, about the period of the Norman
conquest. In the reign of David the First of Scotland (1124-
1153), says a tradition, which seems not to pay a scrupulous
regard to the usual duration of human existence, this same
individual received a grant of lands in West Lothian, which was
created a barony, and named after the proprietor. This estate
was transmitted through his descendants for nearly four hundred
years, when in the reign of James IV. (1488-1513) Bartholomew
Livingston dying without issue, the direct line became extinct. "

A collateral branch had however in the mean time acquired
wealth and consequence, and it is from this that the Earls of
Linlithgow in Scotland, and the Livingstons of America are
descended. In the reign of David H. (1329-1370), Sir William
Livmgstone, Kt., marrying Christian, daughter and heir to Patrick
de Calendar, Lord of Calendar, in the county of Stirling, received
that barony with her. His grandson John had, besides his eldest
son Alexander, two others, Robert, the ancestor of the Earls of
Newburgh, a title illustrated by " Granville's Mira" (see Mrs.
Jameson's Loves of the Poets, from the exquisite taste and fancy
of which, I wish it were permitted to borrow somewhat to enliven
the barrenness of my subject), and William, progenitor of the
Viscounts of Kilsyth.

•jhf: 1. 1 it, of

It is not iiiircas<)ii;i])lr lo iiilcr, Irom IwvmjijstoirH
knowledge of tlie Dutch hmfruago. tliat lie accom-
panied his father in his llight to Holland shortly
after the restoration of Charles II. If this be so, his

The article in Nichol's Briiisli Compendium (2d Ed. liOnd.
1725), from which this account is so far drawn, is got up with a
considerable show of accuracy, and was perhaps compiled from
the traditions communicated to the editor by some member of the
family. History steps in, to lend us, descending from this period,
her less doubtful aid. Sir Alexander Livingstone, of Calendar,
just mentioned, was in 1437, on the death of James I., appointed
by the estates of the kingdom joint regent with Crichton, during
the minority of James II. He not long after (vid. Aikman's
Buchanan, ii. 117) yielded to the formidable power of the young
Earl of Douglas, his property was confiscated (but subsequently
restored), and his son brought to the block. His other son,
James, who succeeded his father in the barony of Calendar, was
created Lord Livingston. He died in 1467. The lordship of
Livingston appears to have been one of the more important baron-
ies. In the list of members of the Scottish parliament for the
year 1560, 1 find the name of Livingston, and this is the parlia-
ment which, upon petition, admitted the lesser barons to the
privilege of voting, which they had not before enjoyed. (Robert-
son's Hist. App.)

William, the great-grandson of the last-mentioned James, and
fourth Lord Livingston, married Agnes, daughter of Sir Patrick
Hepburn, of Waughtenn, or Patrick Lord Hales [perhaps the
same individual is meant by these different appellations], and
from him the Livingstons of this country are descended, through
his second son Robert, who was slain at the battle of Pinkie-
field. Alexander, his eldest son, succeeded to the title, and it is
his daughter who was one of the " four Maries" that accompanied
the Scottish queen to the French court (vid, Chalmer's Hist.,
and Mrs. Jameson's Cel. Fem. Sov.) : —

WILLIAM LIVINGSTON. 21

selection of a residence in the New World may be
easily accounted for by the connexions formed in the
old. New- York, though no longer a Dutch colony,
was still an object of interest and affection to the

Last night the queen had four Maries,
To-night she'll hae but three ;
There was Mary Seaton, and Mary Beaton,
And Mary Livingstone and me. .

Ill the person of Alexander, the seventh lord, the barony was
exchanged for an earldom, he being in 1600 created by James
VI. Earl of Linlithgow. The title in full ran thus : " Earl of
Linlithgow, Lord Livingston of Almont, hereditary keeper of the
King's Castle at Linlithgow, hereditary Bailiff of the Bailiwick
there belonging to the Crown, hereditary Sheriff of the County
of Stirlijig, and hereditary Governor of Blackness." The second
son of the first Earl of Linlithgow was created Earl of Calendar,
which title finally fell into the former, in the person of its last
possessor.

The earldom of Linlithgow remained in the family for more
than a century, and was transmitted through five descendants.
They distinguished themselves by their grateful attachment to
the house of Stuart, from Avhom they had derived their honours,
they shared their dangers during the civil wars, and were re-
warded with offices of dignity and consequence when the times •
permitted it. They appear to have been generally in possession
of some considerable civil or military post, and the name repeat-
edly occurs on the list of the privy council. The head of the
family was in arms with Dundee, in 1688-9, and the devotion of
Anne, the daughter of the last earl, to the same cause, resembles
in its romantic details the events of an earlier date. She is said
to have brought over her husband, the unfortunate Earl of Kil-
marnock, to support the interests of the Pretender, and to have
gained the battle of Falkirk, in 1746, for her party, by using the
influence of her wk and beauty to detain Hawley at Calendar
House imtil too late to take command of his troops.

22 rnr. t.ife or

Hollamlfrs, and Livingston possessed peculiar ad-
vantages in transferring liis abode to a province with
the two principal hmgnagcs ofwhicli lie was lamihar.
It is, perhaps, now impossible to discover with

In the year 1715, James, last Earl of Linlithgow and Calendar,
who in 1713 was chosen one of the peers of the United King-
dom, true to his hereditary faith, joined the Earl of Mar. , On
the failure of that nohleman's enterprise, his title and estates
were forfeited, together with their attendant rights and privileges.
This earldom has not, like many of the Scottish peerages, been
restored. The present heir declines, it is said, the barren and
expensive honor.

We now return to William, the fourtli Lord Livingston. His
second son, Robert, who fell at the battle of Pinkiefield in 1547,
is, as has been already stated, the reputed ancestor of the family
in this country. Here occurs one of those tantalizing difliculties
of so common occurrence in deducing pedigrees —

" quffire ex me quis mihi quartus

Sit pater, baud pronipte, iliram tamcii, iidde etiam unum,
Unum etiam, terra; est jam filius."

By one statement this Robert is made the grandfather, and by
another the great-grandfather of John Livingston, the parent of
the first in America. Be this important question settled as it may,
— and it seems probable tliat the second supposition is nearer trulli,
— the individuals intervening between Robert and John appear to
have been ministers of the Church of Scotland, and to have left
no more conspicuous memorial of the exercise of their sacred
functions than may be found in their parish records. With John
Livingston, however, the case is diflerent. He appears to have
possessed both power of intellect and vigour of resolution, and
his name ranks high in the annals of the Scottish Church.

He was bom at Monyabrock, in Stirlingshire, 21st June,
1603. In the year 1030, while chaplain to the Countess of
Wigtoun, he delivered at the kirk of Shotl.s a sermon, where his

WILLIAM LIVINGSTON. 23

precision the date of his arrival in this country;
there is reason to beheve that it was not long after
the year 1672, when the death of his father must
have diminished his inducements to remain in

eloquence, assisted it may be by the predisposition of his audience,
produced an extraordinary effect. — (Vide Fleming upon the
fulfilling of the Scriptures. Ed. 1681, p. 348.) Shortly after
this he was called to the church of Killinchie, in Ireland. Here
he was harassed on account of his nonconformity, and desirous
of enjoying his religion unmolested, he embarked on board a
vessel bound for the Massachusetts' Bay. Being driven back,
however, by contrary winds, the resolution was abandoned, and
in 1638, Livingston was settled at Stranrawer, in Scotland. In
1648 he removed to Ancram, in Teviotdale, where his son
Kobert was born, by his wife the daughter of Bartholomew
Fleming, a merchant of Edinburgh. — (Kirkton's History of the
Church of Scotland, p. 52.)

In March, 1650, Livingston was sent as a commissioner to
Breda, to negotiate terms with Charles II. for his return. — (Vide
Rapin, vol. ii. p. 579; and Whitelock's Memorials, p. 484.)
After the Restoration, being again persecuted for nonconformity,
he left his native country, and accompanied, as there is little
doubt, by his son Robert, established himself at Rotterdam, in
Holland. Here he began to publish an edition of the Bible,
which he did not live to complete. He died on the 9th of August,
1672. I know not whether it is from him that those of the name
still in Holland draw their origin.

The Memoirs of John Livingston, written by himself, and
of which the original MS. is said to have been brought to this
country by his son (vide Smith, Hist. N. Y. ed. 1814, p. 150, note),
was published at Glasgow in 1754 ; but I have in vain endeavoured
to obtain a printed or manuscript copy of it. Many more details
of the life of this divine than are here given might be gleaned
from Woodrow, Cruikshank, and the other voluminous annal-
ists of the Church of Scotland.

24 I'lIK l-lir. OK

Kiiropc. lie was certainly here, however, as early
as Fehruary, IGTO;* at which time we IJiui him
Secretary to the Commissaricsl who then siipcMiii-
teiuled the all'airs of'^ Alhany, Schenecta(le,an(l the
parts adjacent,"' — anollice the duties of which could
not have been discharged without an intimate know-
ledge of the Dutch and English languages, as the
Records themselves show. Between the years 1 67K
and 1683, and probably about 1679, Mr. Livingston
married Alida, widoAV of the Patron Nicholas Van
Renselaer, daughter of Philip Pieterse Schuyler,
and sister of Peter Schuyler, distinguished in our
colonial annals, thus associating himself with two
of the first families of the province.

The Record to which 1 have already referred,
shows Livingston to have regularly discharged the
duties of his secretaryship until July, 1686, when
Albany being made a city, the Board of Commis-
saries was dissolved. Livingston and his brother-
in-law, Schuyler, were deputed to receive the
Charter from Governor Dongan; and the former
was immediately appointed town-clerk under it.
The duties of this office probably closely resembled
those of his previous charge. The reception of
the charter is thus commemorated in one of the
early Records of the city of Albany : —

" In nomine Domino Jesu Christi — Amen. Att a
meeting of y Justices of y« Peace for y^ county of

* Vide Records of Common Council of Albany,
t " Commandeuren Commissarissen."'

WILLIAM LIVINGSTON. 25

Albany, y« 26th day of July, 1686, Pieter Schuyler,
gent., and Robt. Livmgston, gent., who were com-
missionated by y^ towne of Albanie to goe to
New-Yorke and procure y^ Charter for this Citty,
which was agreed upon between y^ Magistrates
and y^ Right Hon. Col. Thos. Dongan, Gov.-Genl,
who accordingly have brought the same, and was
published with all y® joy and acclamation imagin-
able; and y^ said two gentlemen received y®
thanks of y^ Magistrates and Burgesses for their
diligence and care in obtaining the same."

Before this period, however, Mr. Livingston had
laid the foundation of the subsequent fortunes of
himself and his family. The original grant or
patent by which the large purchases of land which
he had already made from the Indians were incor-
porated into the Manor and Lordship of Livingston,
bears date the 22d of July, 1686. The privileges
annexed to the grant, at this time, were the holding
a Court-Leet and a Court-Baron, with the right of
advowson of all the churches within its boundaries.
The tenants were also allowed to choose assessors
of taxes. The estates which Livingston thus early
acquired were not, however, to be finally secured
until after repeated contests with private and
official enmity ; and a brief account of these con-
tests, in which his ultimate success was complete,
will form the principal portion of this section of
my narrative.

During the three following years, Livingston
appears to have resided in Albany, constantly and

2G I I IK I, I IK OK

quietly occupied in tlic discliari^o of lius oflice, or
rather olliccs; lor hy ;l later llccortl we learn
llial. with the customary concentration of lahours
and honours, in a sparse population, where •
both the duties and compensations are trilling, and
where persons of education are not readily to be
met with, the place of farmer of the excise was
annexed to his clerkship. Thus, too, we find that
Schuyler, on being elected mayor under the new
charter, was also invested with the dignities of
" Clerk of the market and Coroner of the city and
county of Albany."

In 1G89, when the ambition or fidelity of Lcisler —
the imperfect annals of the period permit no other
than an ambiguous expression — convulsed the pro-
vince of New- York, and sowed the seeds of private
animosity and political discord, which lasted, as
her historian informs us, for nearly three-quarters
of a century,* Livingston attached himself to the
opponents of the self-elected governor — a party
comprising most of the aristocracy of the colony,
but who, though finally successful, were at first
completely overpowered by the vigorous measures
of their humbler antagonists. The truth about
Leisler appears to be, and it is made more intel-
ligible by Coldent than Smith, that the " Dutch
boor," as he was termed by his haughty opponents,
supported by the mass of the lower orders, antici-

* Smith. Ed. 1830, vol. i. p. 97.
t Hjst. Five Ind. Nations.

WILLIAM LIVINGSTON. 27

pated the aristocracy of the province, who may
not unreasonably be supposed to have been
attached to the Tory Regime^ in declaring alle-
giance to William and Mary. He naturally
thought that he deserved some reward for his
loyalty to the revolutionary dynasty; but his an-
tagonists, although they soon acknowledged the
new sovereigns, were by no means willing to
yield the ascendency to a man of low birth and
inferior talents. This satisfactorily accounts for
the opposition of the Schuylers, the Bayards, the
Court] andts, and the Livingstons. Their opposition
perhaps drove him into unwarrantable excesses,
as it certainly led them. His execution was a
severe, and apparently an unjustifiable measure.
The continuation of the Leislerian and Anti-
Leislerian factions, subsequent to this period, is
rendered intelligible, when we are told that the
governors fomented the party-spirit with a view
to their own influence. It may also be said, that
as far as these factions had any principles of a
general character that can be traced, the Leis-
lerians appear to have been the more, and their
opponents the less, democratic party.

Upon the overthrow and general disorganization
of his faction, Livingston took refuge in one of
the neighbouring provinces, to avoid the active
pursuit that was made after him, or partly, per-
haps, as Smith says,* with the design of soliciting

* Ed. 1830, vol. i. p. 98.

riii: i.iri, oi

aid for llio protection ol llio nortlimi Irontiors
of his colony a<r,iiiist tlio French find IndianH.
On tlic 2.'itli October, I()'{9, wo find Livins^ston
actin<T as secretary to tlic convention lieid at
Albany, wliich, while it acknowledircd the sove-
reignty of William and Mary, declared itself inde-
pendent of Leisler. This, connected with his
prominent situation in that city, was doubtless the
cause of the indignation of the dominant party,
but the ostensible reason of the persecution he
experienced is to be found in a letter preserved in
the office of the Secretary of this State. It is dated
Albany, 15th January, 1689-90, and directed to
"iMr. Jacob Milborne, secy, at Ffort William, in
New-York." What I have referred to is con-
tained in the postscript, which runs thus. " About
the beginning of April last past, Ro : Livingston
towld me that there was a plott of robbery gon
out of Holland into England, and the Prince of
Orringe was the hed of them, and he might see
how he got out againe, and should come to the
same end as Mulmouth (Monmouth) did, this I can
testify. — Richard Pretty."*

In the month of March subsequent to the writing
of this letter, a warrant reciting the above charge
was issued by Leisler, for the apprehension of
Livingston, as " a rebell who, by his rebclliones,
hath caused great disorder in the county of Al-
bany, and alsoe in the whole province," and officers

* Pretty had been SherifT of Albany in 1687, and was sub-
sequently reappointed to the same office by Leisler.

WILLIAM LIVINGSTON. 29

to execute it were despatched both to Hartford
and Boston. The vahdity of Leisler's order was
acknowledged by Treat, governor of Connecticut
(no return appears from Boston), and Livingston's
safety seems to have been for some time precarious.
But in this situation, whatever it may have been, he
did not remain long : on the arrival of Sloughter as
governor in March, 1691, the short-lived power of
Leisler came to an end, his adherents were degraded
and dispersed, and his opponents recalled. This
commencement of Mr. Livingston's political career
was not unattended, however, by actual loss as
well as danger, if we are to suppose that he
alludes to his sufferings in the Anti-Leislerian
faction, in a statement laid before the council in
May, 1692, in which he says "that he has expended
his whole estate in their Majesties' service." This,
at any rate, shows the low estimate he made of his
manor.

In the autumn of 1694, thinking it necessary to
go to England to advance his interests at home,
Livingston resigned the offices which he held at
Albany, and shortly afterwards sailed on his desti-
nation. If we may credit the family tradition, his
voyage was disastrous ; he was shipwrecked on
the coast of Portugal, and compelled to cross
Spain and France by land. This anecdote is in
some measure corroborated by the change in the
Livingston coat of arms, which have, so far back
as they can be traced in this country, borne for
crest, — and it is said that the alteration was made

30 Tin: i.iiK OF

by liim in commemoration of tliis event, — a ship in
distress, in lieu ol' llie ori^iii.il <lemi-savage, still
borne by tlie I'cimily in Scotland. In allusion to
lliis incident, it is said also that he champed the
motto, adopting, instead of that of the Scottish
family, Si je puis — Spero meliora.

Livingston probably remained in England little
more than a year, for in September, 1G96, 1 again
Hnd him in New-York.* ' On his return he brought
with him a nephew, whose name frequently occurs
on the council minutes as Robert Livingston
Junior, and who was also the head of a large
family. This branch was inferior to the elder in
wealth and consequence, and makes little figure in
our colonial history. The time passed by Living-
ston in England was actively spent, and his
personal sohcitations and representations to those
who had the direction of colonial affairs, laid the
foundation as well of his subsequent success, as of
his immediate misfortunes. He at this time pro-
cured a royal commission, dated 27th January,
1695-6, confirming him in the employments of
collector of the excise, receiver of the quit-rents,
town clerk, clerk of the peace, and clerk of the
common pleas, for the city and county of Albany ;
and, " in consideration of the long and faithful
services to the crown, for many years past, per-
formed in all treaties and negotiations with the
Indians," appointing him secretary or agent of

* Council minutes in office of Spcretarv of Slate, vol. vii.

WILLIAM LIVINGSTON. 31

the government of New-York in their transactions
with the native tribes. '

Livingston also embraced this opportunity to
lay before the privy council an information against
Fletcher, Governor of New-York, charging him
with arbitrary exercise of power, an allegation
fully borne out by history ; and with misapplication
of the pubhc moneys. At the same time, with the
activity which evidently formed a prominent con-
stituent of his character, he procured for Kidd,
afterwards notorious as a pirate, through the in-
fluence of the Earl of Bellomont, a commission
authorizing him to fit out a privateer's-man, for
the purpose of driving the Bucaneers from the
Atlantic seas. Kidd, as is well known, betrayed
his trust, turned Bucaneer himself, and thus
Livingston nearly became accessory to the over-
throw of a ministry, and the ruin of the principal
whigs of the day.*

The charges exhibited against Fletcher were
referred by the lords of the privy council to the
council of New-York, and as the majority of this
body were usually, and at this time in particular ,t
devoted to the governor, it is scarcely reasonable
to suppose that they received an impartial con-

* For a more full account of this transaction and its conse-
quences, some of which were like to have been sufficiently
serious, vid. Smith's Hist. N. Y., vol. i. p. 142. Watson's Annals
of Philad. p. 459. Cobbett's Pari. Deb., vol. v. p. 1258, and
Burnet's Hist. vol. iii. p. 327. p. 368, et seq. /^a^^u^^

t Smith, vol; i. p. 155- y ..

32 rm: r.ii'K or

sideratioii. If this Ix; not so, we must adofM a/i
opinion unravounible l)ntli to 1 Ik; justice and sa-
gacity of Mr. Liviuifston, lor tin; accusation was
disregarded, and tlie council drew up a report,
requesting the governor to lay before the king their
objections to Livingston's exercising the offices
under his commission; stating that he was an
alien born, and at the same time recommending
that Fletcher should suspend him Irom the enjoy-
ment of all his places of profit until the royal
pleasure might be known.* This took place in

* The charge of alienism, founded probably on liis long
residence in Holland, Mr. Livingston prepared himself to refute,
by procuring proof from Scotland ; and a letter written by his
brother in relation to this subject, may be found not altogether
uninteresting. . The only notice that I have met with of the
writer, is in Woodrow's History of the Churcli of Scotland,
vol. ii. b. 5, anno 1682, where he is spoken of as " son to tliat
shining light, Mr. John Livingstone, of Ancram." This letter, as
I am told, was found by the late General Henry Livingston,
among some old papers belonging to the family at Ancram, on
the Hudson River, and is here printed from a copy made in
1811 :—

" Edinhurgh, IZth of December, 1698.
" Deak Brother,
" I have yours of the 20th of September last from New-
York ; it came to hand with the printed ' Narrative of the Five
Indian Nations,' then treating with the Earl of Bellomont, your
Governor, under cover of Mr. Hacksham, the 28th of November,
for which I am much obliged to you. It was in my last I sent
to Mr. Hacksham an attestation under the hand and seal of our
magistrate, of your being a native of this country, but had no
account from him what use he Had made of it. 1 did then write

WILLIAM LIVINGSTON. 33

September, 1696. In April, 1698, Lord Bellomont
arrived as governor, and from his personal friend-
ship, or sense of justice, Livingston immediately
obtained that which his own endeavours had thus

him yt I purposed to procure your coat-of-arms, and the
Lyon Heraul's warrant, and your birth-brief; and desyred to
know if he had effects of yours, yt I might draw for about 7 or
8/. that I found it would cost ; but had no answer, so have for-
borne it hitherto ; but have prepared it so far that I find you are
the son of Mr. John, whose father was Mr. Alexander ; and Mr.
Alexander, his father was Robert, who was killed at Pinkiefield
in 1547, and was brother german to Alexander Lord Living-
ston ; their father was William, the fourth Lord Livingston, and

the eighth of the house of Callender ; he was married to

Hepburn, daughter to Sir Patrick Hepburn of Waughtenn ; so
that your propper coat to be given you is this enclosed, which is
thus emblazoned ; viz. — Quarterly, 1st and 4th, Argent, tlu-ee
gilliflowers Gules, slipped propper within a double tressure umber
florevest, the name of Livingston ; 2d, quartered first and last
Gules, a chifron Argent, a role between two lyons counter-ram-
pant of the field ; 2d and 3d, Argent, three martletts Gules, the
name of Hepburn of Waughtenn ; 3d quarter Sable, a bend be-
tween six billets Or, the name of Callender ; your liveries is
green faced up, wh whytt and red, green and whytt passments.

" I would cause cutt you a seal with this coat-of-arms, having
one James Clark, a very honest man, who is graver to our mint-
house here, and the most dexterous in that art, but could not get
a steel block to cut upon.

" There is great alterations among us : my sister Jeanet dyed
in August, 1696 ; — our brother-in-law, Mr. Russell, came home
in August, '97, and was very sickiie ; he dyed in Novr.
after, without leaving any testament of his will, so that his only
son James is left as low as any of his daughters ; two of them
were married in his own tyme, but neither with his nor my

34 THE LIFK OF

far failed of effecting. In September, 1(398, lie was
called to a seat in the council board, and in the
autumn of 1700, his commission being conlirmcd,
he was permitted to enter upon the discharge of
his various olfices.

This glimpse of favour was, however, but transi-

sister's good liking ; but they refused to submit, and accordingly
were but meanly provided ; the three sisters yt were yet
unmarried did choose James Dimlip and rac curators, but have
not taken our counsell upon their marriages, their great tochers
have made them a prey. He left towards ten thousand pounds
sterling, but in such confusion yt there will be little credit by
it. All shall writt more at length. This I send wh some let-
ters from my brother, direct to Mr. Hacksham. My entire love
to your second self, and your dear children, and to nephew
Robert — tell him to writt to me.

" I am your loving and most affectionate brother,

" Will. Livingston.

" I have written to a friend in Linlithgow, and to David
Jameson, and spoke in fidl to send attestations of what you
desyre over to the people you direct, and expres thereof to
yourself."

There is no reason of which I am aware to question the
authenticity and general accuracy of the above letter ; but it
undoubtedly contains genealogical as well as heraldic blunders.
The former, to which I have already alluded, it might require
some care to prove ; but the latter may be detected by a refer-
ence to the second volume of Nichol's British Compendium.
" Hereof," as Lord Coke has it, when discussing the shield of
Littleton — " hereof much might be said, but it belongs unto
others."

WILLIAM LIVINGSTON. 35

tory. On the death of Lord Bellomont, in March,
1701, the whole aspect of Livingston's fortunes was
changed. Nanfan, the heutenant-governor, being
at this time absent, the council immediately split
into two factions, which reviving or retaining their
original designations, termed themselves Leisler-
ians and Anti-Leislerians. The former insisted
that the government now of right devolved upon
the majority of the council, while the others
maintained that it belonged to Smith, the eldest
member of the board, as President. The question
was determined by the House of Assembly, and
finally by the Lords of Trade, in favour of the former
party, and Mr. Livingston found, that both in the
council and the legislature, the feeble minority to
which he belonged was no longer able to protect
him against his political antagonists, many of
whom by his zealous opposition had been made
personal enemies.*

The party now in power were not long idle.
Commissioners had been already appointed to
examine the accounts of those who had received,
in the capacity of agents, any of the public moneys,
and Livingston, as having had in his hands the
greatest sums, was the first directed to appear
before them.t He, for some time, refused to obey
this order, as his accounts and vouchers had been
in 1698 commanded by Lord Bellomont into his

* Smith. Ed. 1814, p. 160.

t Council Minutes, 15th April, 1701, and Journal of N- Y.
Assembly, 28th Aug. 1701.

36 niF. I.IFF. OF

own posseHsion, from tlio clrrk <>1 llio council. an<l
coultl not, as it sccins, l)o obtained from tlic
Countess, liis widow.* At Icngtii, liowcver, in
compliance with tlieir repeated directions, he
went bei'orc the commissioners, but was, for
the reasons already mentioned, entirely unable to
make a satisfactory statement.t The board of
inquiry reported his excuses frivolous, and re-
commended to the assembly the confiscation of
his estate. While this matter was still pending
[1.3th Sept.], another charge was raised by the
commissioners against Livingston, alleging that
he had privately solicited the Indians to express
a desire that he should go to England to advo-
cate their interests. This accusation, which
impUed a gross departure from his duty as
government-agent, does not appear to have been
supported by any proof; for he was called upon to
clear himself of the charge by oath — " an insolent
demand," says Smith, " which he rejected with
disdain.*' The language of the commissioners'
report is ; " he refused, saying he thought it not
worth his while to do the same."J

Upon this contumacy, the assembly petitioned
the lieutenant-governor to advise his majesty to
remove Livingston from his secretaryship, and in
the mean time to suspend him from his other

* Bradford's N. Y. Laws, Ed. 1726, p. 318, "x\n Act to
repeal an Act," &c.

] Journ. N. Y. Assemb. 30lh Aug. and Isl September, 1701.
I Journ. Assemb. 13th Sept. 1701.

WILLIAM LIVINGSTON. 37

offices ; and proceeding themselves to execute the
punishment they had so long threatened, an act
was passed on the 15th September, 1701, entitled
" An Act to oblige Robert Livingston to account,
&c."* This law enumerates his various offences,
makes his property liable to the amount of
£17,000, and in consideration of "other vast
sums" received by him, goes on to declare his
whole estate, real and personal, confiscated by the
25th of March, 1702, unless he deliver in a full and
satisfactory account before that time. The days of
grace expired. Livingston's estate was confiscated,
an inquest found by the escheator-general of the
province, and exerting their malice or rigour to
the utmost, his enemies, on the 27th of April
following, procured his suspension from the council
board.t

Livingston's fortunes were at this time at their
lowest ebb. Deprived of his estate, the labour of
thirty years undone, and a stigma branded upon his
character, it may be considered almost certain that
had the party, at this time in power, long retained
their ascendency, the interest attached to his
name and his misfortunes would have gradually died
away ; the ^11-important papers might have been
mislaid or destroyed, and the adventurous Scotch-

* The name is spelled, erroneously, Levingston, throughout this
act. It may be here mentioned, that at the earliest date at which
we find the name of this individual written by himself, it is spelled
as now, Livingston. He dropped the final e used by his father.

t Council Minutes, vol. viii. .•

38 TIIR LIFE OF

man would have left to his descendants only an
inheritance of poverty and disgrace.

The arrival of Lord Conibury in May, 1702,
once more changed tiic scene. That governor
embraced tlie cause of the Leislerians, and this
determination put an end to the long and harassing
struggles of Mr. Livingston. His vouchers and
other papers were immediately commanded from
the Countess Bcliomont.* On the 18th June
they were submitted to a committee for examina-
tion, and on the 2d Feb. 1703, being found satis-
factory, his estates were restorcd.f In September,
no.*}, he received from Queen Anne a commission,
to obtain which it is uncertain whether he did not
again go to England, reinstating him in all his
former appointments.^

After this period, we for some time do not meet
with any notices of Mr. Livingston, and there is no
reason to doubt that he remained quietly occupied
in the discharge of the various offices of which he
was now in the secure possession. His residence
during this period it is difficult to ascertain. It is
said that he built a house for his own use on his
estate, as early as 1692. He certainly resided
there in 171].||

In the year 1715, the grant of Livingston's

* Bradford's N. Y. Laws. Ed. 1726, p. 318.
t Council Min. vol. ix. 12th Nov. 1702.
% C. M. vol. X. 3d Oct. 1706.

II Vid. Letters to George Clarke, — on file in the office of the
Secretary of this State.

WILLIAM LIVINGSTON. 39

manor was confirmed by the royal authority, and
the additional privileges of electing a representa-
tive to the General Assembly of the colony, and
two constables, were conferred upon the tenants.
The advantage in effect resulted to their lord ; and
this manor, till the revolution, belonged strictly to
that pernicious class of institutions, close boroughs,
which gave way with us instantly before the equal
influences of republicanism ; but which, from the
more congenial soil of England, half a century
has hardly extirpated.

Of the manors created in the province of New-
York, the principal of which were those of Ren-
selaer, Livingston, Courtlandt, Philipsburg, and
Beekman, that of Livingston was, with the excep-
tion of the first, the largest, though not compara-
tively the richest or most valuable. It originally
comprised between one hundred and twenty and
one hundred and fifty thousand acres, commencing
about five miles south of where the city of Hudson
now stands, running twelve miles on the Hudson
river, extending back to the line of Massachusetts,
and widening as it receded from the river, so as to
embrace not far from twenty miles on the boundary
of the latter colony. Five or six thousand acres
were taken fi-om it as a settlement for the Palatines
who came out with Governor Hunter, in 1710, and
called German-Town. This purchase was, it is
said, made by the crown for the sum of two
hundred pounds sterling, which, if it may be con-

40 rill I. III". f»F

sidered as :iii avoiaii,(! jxicc. ilioiiLdi as llu* ri-siilt
of a iiovcniiiu'jit transaction it was probably a
high one, gives the whole manor a value ol
between twenty-five and thirty thousand dollars.
Tiiis is to be looked upon, however, as a nominal
estimate ; for even a generation after this, the
dower of the widow of Fiiilip, the second pro-
prietor in this extensive estate, is said to have
been but £90 currency, per annum, or about
two hundred and hfty dollars. Governor Liv-
ingston, speaking of it in a letter to the son of
the last proprietor, dated 10th Nov., 1755, says,
"Without a large personal estate, and their own
uncommon industry and capacity for business,
instead of making out of this extensive tract of
land a fortune for their children, it would have
proved both to your and my father but a competent
maintenance."

Thirteen thousand acres, or thereabouts, were
set off by the last will of Robert, the first lord, to
form the lower manor of Clermont, which was given
to his youngest son, Robert, the grandfather of the
late Chancellor Livingston. The bulk of this
extensive property was devised in tail, and trans-
mitted through the two next generations, in the
hands of the eldest son and grandson, Philip and
Robert. On the death of the latter in 1790, the
estate being divided, the shares of his four sons
were understood to amount to about twenty-eight
thousand acres, some further deductions having

WILLIAM LIVINGSTON. 41

been previously made, by the running of the Une
between this state and Massachusetts.*

In June, 1716, Livingston was returned from his
manor to the colonial Assembly (in which body he
appears to have sat in 1711 for the city and county
of Albany) ; and Smith speaks of him as one of
the most active members. At the same time he
afforded material assistance to Governor Burnet in
his administration of the Indian interests.! The
only pubhshed production of Livingston's pen is
the Address of the Assembly to Governor Hunter,
on his leaving the province in 1719, which by
SmithJ is attributed to him, in conjunction with the
eccentric Lewis Morris.

In 1718, on the resignation of Nicoll, Livingston
was chosen Speaker of the Assembly, and this
situation he retained till obliged by ill health, in
1725, to relinquish it; whereupon the house " de-
sired he would nevertheless assist them as a mem-
ber as often as his state of health would permit
during his stay in town," Subsequent to this 1

* I have not met with any information respecting the Livingston
Manor, on which I place perfect reUance. The principal facts
stated in the text are, however, I beheve, sufficiently accurate,
and if those more conversant with the subject detect me
in error, I have but to solicit a charitable construction for de-
ficiencies that could only have been suppUed by a toilsome
examination of ancient documents, of the existence of which I
am not certain, and the perusal of which might scarcely be worth
the time and trouble it would involve.

t Smith, vol. i. pp. 208, 249.

I Vol. i. p. 227.

i2 TIIK I.IFK OF

iiave been able to find no notices of Mr. Livni^-
ston. His death probably took place in the course
of this or the folIo\vin<r year.

Such, compiled from uncertain traditions, our
early records, the sparing notices of the histo-
rian, and the other documents to which reference
has been made, is the meagre, unsatisfactory, and
often conjectural account, that 1 have been able to
collect of the first of the family of Livingston in this
country. Its various details may be occasionally
questionable ; but the general features of the char-
acter and career of this enterprising man are so
marked that they may be easily recognised even
at this distance of time. At three distinct periods
of his life we see him exposed to the rancour of
personal and political enemies, eager to retaliate
upon him the zeal with which he had opposed
their projects. In each instance he appears to
have baffled their designs, and to have acquired
increased importance. Finally we find him occu-
pying till immediately before his death one of the
most distinguished stations in the province.

By his wife Alida, Robert Livingston had sev-
eral children,* and owing to the death of the eldest
son, Philip, the second, succeeded to the manorial
estate.

Of this, the second lord or proprietor of tl^e

* John, who died young, Philip, Gilbert, Robert, Margaret, mar-
ried to Col. Samuel Vetch, and Johanna, the wife of Cornelius
Van Home.

WILLIAM LIVINGSTON. 43

manor of Livingston, there is but little information
to be given. His inherited property gave him with
his contemporaries rank and consequence, which he
appears to have sustained by a Hfe of industry,
regularity, and decorum. He was born at Albany
in the year 1686. In that city he passed a con-
siderable portion of his life, and was at one
time connected with its municipal government.
He was for some time Deputy Secretary of Indian
affairs under his father, and on the resignation of
the latter in 1722, was appointed agent. As early
as 1709 he was returned to the Assembly from the
city and county of Albany, and in 1710, he appears
to have been at the taking of Port Royal.* At a
later date he bore the rank of colonel in the pro-
vincial forces.

In October, 1725, he was called to a seat in the
council, and this office he retained during his life.
In 1737 Mr. Livingston was appointed one of the
commissioners to run the fine between New-Hamp-
shire and Massachusetts, and presided in the
board.t His death, which took place in 1749, will
be spoken of hereafter. He married Catharine
Van Brugh, daughter of Captain Peter Van Brugh
of Albany, and a member of a respectable Dutch
family often mentioned in our early annals,! and

* Vid. Halliburton's Nova-Scotia, vol. i. p. 88.

t Belknap's New-Hampshire, Ed. 18 13,* vol. ii. p. 112.

X Carel Van Brugge was Vice Commander or Lieut. Governor
under Peter Stuyvesant in 1648. Vid. Vanderkemp's Dutch
Records, vol. v. p. 74.

■^f'-^^-

44 TIIF I.IFF. OF

who was himsoir lor some lime a member ol ilie
Assembly and a commissioner of Indian ailairs.
By this lady, Mr. Livingston had a large family.
Robert, who succeeded him in the manor, J^eter
Van Brugh, an eminent merchant of New-York,
who at an early period of the revolutionary strug-
gle embraced the American side, Philip, the Signer
of the Declaration of Independence, John, also a
merchant, William, the subject of the following
memoir, Henry, who died in the island of Jamaica,
Sarah, wife of William Alexander, Lord Stirling,
Ahda, wife of Henry Hansen and afterwards of
Martin Hoffman, and Catharine, Mrs. Lawrence.

The two first heads of this family were evidently
enlisted in the ranks of the aristocratic or govern-
ment party, and, so far as the question was then
mooted, against the popular cause. The privileges
they enjoyed explains this, and the different temper
and intelligence of the times partially excuse it ;
but it may surely be claimed as an additional merit
for their descendants of the third generation, that
having these precedents in their own family, in op-
position to the force of example, and disregarding
the principles of their education, they should with
so very few exceptions have united in the cheerful
surrender of these exclusive privileges, and in the
establishment and strenuous defence of those in-
stitutions which do not look to the comfort and
happiness of the few, but to the prosperity and ad-
vancement of all.

WILLIAM LIVINGSTON. 45

CHAPTER II.

Birth and Education of William Livingston — He graduates at Yale
College in 1741 — Commences the Study of the Law — Letters
— His Marriage — Publishes the Poem of Philosophic Solitude,
in 1747 — Begins to practise as Attorney in 1748 — Digests the
Laws of the Colony in 1752 — His professional Character.

William Livingston, the fifth child of Philip
and Catharine Livingston, was born at Albany, in
the province of New- York, in the month of Novem-
ber, 1723.*

The length of time which has now elapsed
precludes the possibility of collecting those famil-
iar and characteristic anecdotes so fleeting in
their very nature, which necessarily fornt the early
portion of all biography. I have only been able to
learn that the first fourteen years of Mr. Living-
ston's boyhood were principally passed at Albany,
under the protection of his maternal- grandmother,
Mrs. Sarah Van Brugh. It was ' probably during
this time that, as he says in a letter written sub-
sequently ,t " I spent a year among the Mohawks

* Probably on the 30th. The minute of his baptism, on the
Records of the Dutch Church in that city, is dated 8 lObr.
1723. His relatives, Robert Livingston, of Albany, and Robert
Livingston, of New-York, stood godfathers.

t To the Rev. Mr. David Thompson, in Amsterdam, Jan.
12th, 1756.

1<) THE I.IFF. OF

(tliecliiefol' the Six Nations), Avitli ;i missionary of
the Society for propa£Tatin<r tlio Gospel, under
whom I tlicn studied their language, and had a
good opportunity to learn the genius and manners
of the natives ;•' — an opportunity wliicii he did not
neglect, for his letters, from which in their proper
place we shall make extracts, no less than his
printed works, show him to have had a very
correct understanding of the external relations of
the province, and of the measures to be pursued
with regard to the French and Indians, the two
chief subjects of colonial vigilance and apprehen-
sion.

There is in the possession of Mr. William Jay a
small ill-painted likeness ofyoung Livingston, taken
probably about this time, which represents him in a
cocked hat and feather, ruffles and small-clothes.*
[t serves to illustrate not less the state of manners
than of the arts at the period to which it belongs.
Before Mr. Livingston's future profession was de-
termined upon, he is said to have expressed a strong
desire to devote himself to the art of painting, and
to have urged that he might be sent to Italy, to
study in the schools of that country ; but whether

* The only full-sized portrait of Governor Livingston, taken
after he had reached maturity, is in the interior of this state.
For the purposes of this memoir it was considered inaccessible,
and I have therefore, though with regret, been obliged to content
myself with the profile at the beginning of the volume, for which
I beg here to acknowledge my obligations to Mrs. Bradford, of
Burlington, N. J. It was probably taken about the year 1773.

WIILLIAM LIVINGSTON. 47

from those aristocratic prejudices which may be
supposed to have infected the opulent colonial
families, or from a more rational beUef that such
an occupation could not be followed as a means
of support in a young and poor province, his
wishes were overruled by his parents, and an
academical education was given him, preparatory
to the practice of the law. The tastes, thus
checked, developed themselves in a somewhat
different channel. His fondness for the mechanic
arts furnished the relaxation of his leisure hours
during a large portion of his life.

In 1737, before he had terminated his fourteenth
year, young Livingston left Albany and was entered
a freshman at Yale College, at which institution
in 1731, '33, and '37 his brothers, Peter Van Brugh,
John, and Philip, had respectively taken their first
degrees. The records of the college for this pe-
riod contain no notices which serve to throw any
light upon the individual character of the students,
and this portion of Mr. Livingston's life is therefore
also a blank. We only know that in 1741 he was
graduated at the head of his class,* immediately
after which he left New-Haven for New-York, to
commence the study of the law. To the discredit
of our ancestors it must be remembered that at this
time there were only six persons"!" in the province

* I am ignorant whether this impUes any distinction. I have
not examined the records of Yale College, and am indebted for
my infoimation to the courtesy of President Day.
t Smith, vol. i. note G. and Catal. of Yale College.

18 niiK r.iif. OK

besides himself and his brotliers, those in orders
excepted, who had received a colle<5iate education.
Mr. Livingston appears to have always looked
back with pleasure and fondness to this portion of
his life, and he retained, with that tenacity of im-
pression which Avas in some degree peculiar to him,
his affection for those of his fellows between whom
and himself an intimacy was engendered by long
association and a community of feelings and pur-
suits. "Alas, alas!" he says in a letter written to
one of his classmates,* nearly fifty years subse-
quent to this period, " there is I suppose no proba-
bility, considering my time of life, of my ever hav-
ing it in my power to revisit that darling spot of
mine in which I received the first rudiments of my
education, and for which I still retain the tenderest
affection, New-Haven."

Mr. Livingston was entered as a student of law
in the office of Mr. James Alexander, a Scotch
gentleman, who came out to New- York in the year
1715,t and who was at this time one of the most
eminent lawyers of the province. Smith, our colo-
nial historian, says of him, "He was a man of
learning, good morals, and solid parts. He was
bred to the law, and though no speaker, at the head
of his profession for sagacity and penetration ; and

* To the Rev. Chauncey Whittelsey, 20th Feb. 1787.

t Smith, Hist. N. Y. edit. 1830, vol. i, p, 271. Quilting
his native country, as it is said, on account of his connexion
with the Earl of Mar's insurrection in favour of the Pretender.

WILLIAM LJVINGSTON. 49

ill application to business no man could surpass
him. Nor was he unacquainted with the affairs
of the pubhc, having served in the secretary's
office, the best school in the province for instruc-
tion in matters of government — equally distin-
guished for his humanity, generosity, great abili-
ties, and honourable stations." This, however,
is not all Mr. Alexander's praise; he obtained
higher distinction by being, both in the Council
and Assembly, the constant advocate of popu-
lar rights and privileges as they were then im-
perfectly understood. Nor was his opposition to
the insolence, extortion, and avarice of the govern-
ment agents maintained without injury to himself.
He stood in opposition to every member of the
Council on the election of Clarke in 1736; he was
driven from the bar for espousing the cause of
Zenger in 1734, although subsequently reinstated ;
and he finally lost his hfe by going up to the As-
sembly in April, 1756, when suffering from a severe
illness, to oppose one of the ministerial schemes.*

* Vid: Smith, Ed. 1814. Continuation and App. Ed. 1830,
vol. ii. p. 281, et passim. The following letter from Mr. Alex-
ander to John Tabor Kempe, afterward attorney-general for the
province, which is here inserted from the original MSS, may be
worth preserving as one of the very few literary remains of a
man highly distinguished in his day, but who has left but
scanty testimonials of his character and ability behind him.

"Dear Sir,
" I have considered your speech, and have made notes on it : one
general note I would add, that a speech to a jury after evidence

50 TIIK LIFK OF

Thn mHucncc of liahitiial intercourse willi a
man of this character could scarcely be otherwise
than beneficial, and tlie eficcts of it, as well as
their subsequent friendship, which lasted till Alex-
ander's death, may, perhaps, be traced in the

given — every part of it ought to be connected with the evidence
by reference to such a deed, which says so and so — sudi a wri-
ting, so and so — such a witness declared so and so. These are
constantly to be the premises on which the speech is to be
founded, and wlicn the premises you reason upon are fixed, pro-
ceed in reasonable observations and consequences — but referring
to or relying on things not given in evidence, though per-
fectly known to you, is departing from the evidence in the cause,
and liying at random, which must be destructive to a good cause,
but a bad one has occasion for it.

" To use an argument unsupported by the evidence is mur-
dering a cause, for the opposite side will drop all your material
arguments well supported, and insist on those not supported, and
refer the jury to those as specimens of your arguments.

" If you have good evidence of those malicious things you in-
sinuate against the defendant, you should either get depositions
or certificates, signed by the witnesses who can prove these things,
and give them to your counsel to insert what they think proper
tliereof in the brief, in order to examine into and prove those
things ; or if you arc sure the witnesses you call will prove these
things, but not willingly — then write down what you can prove
by such a witness, and give it to your counsel ; but remember
that if you misinform him, you hurt your own cause thereby.

" Lengthening a cause by a multiphcity of evidence not ne-
cessary, puts those things necessary out of the remembrance of
the jury, and brings things into darkness and obscurity. This is
an artifice of those who have a bad cause to manage. But those
who have a good cause ought to be cautious how they offer any
piece of evidence but what's necessary and pertinent ; all those

WILLIAM LIVINGSTON. 5l

Steadfast political course of his student. It was
about this period that Mr. Livingston entertained
the intention of prosecuting the study of his profes-
sion in England, the schools of the mother country
being then rightly looked upon as the only pure
fountains of juridical science. He carried his
purpose so far, as in 1742 to obtain admission to
the Society of the Middle Temple ; but the design
was afterwards relinquished.*

Mr. Livingston appears to have attached some
value to this membership, for at the foot of an

that "are not so ought to be winnowed out and blown aM'ay as
chaff from the corn — and as they ought to be cautious how they
offer evidence not material, so ought they to be far more cautious
to offer to argue upon things not given in evidence or clearly
proved. * * * James Alexander."

This was probably written no long time before Alexander's
death.

* The original certificate of admission runs as follows :

" 29 Die Octobris, 1742.
" Mar. Willielmus Livingstone, filius CoUonelli Philippi Living-
stone, de Novo Eboraco in America, Armigeri, admissus est in
Societatem Medii Templi, London, specialiter et obligatur una
cum, &ic.

Et Dat pro fine 4 0 0

F**** et Impressionibus 0 14 6

4 14 6

Vera Copia,

Exam. pr. Fran. Fane, Thcs:

Rd. Brtjncker,
Sub. Thesaurus."

•^2 THF. T.IKF. OF

engraved |)l.'ite oi iiis ;irms, probaMy ( iil mIioiiI
this time, his name stands as " William Livingston,
of tlic Middle Temple." An anecdote connected
witii this coat of arms is too characteristic to be
omitted, lie relates it himself, in a letter written
long afterwards.* " My grandfather"' (Robert
Livingston, on the occasion of his being cast
away on the coast of Portugal, as has been already
related), he says, " altered the crest and motto of
the family arms, the former into a ship in an
adverse wind, the latter into Spero meliora. These
have since been retained by all the famUy except
myself, who not being able without ingratitude to
Providence to wish for more than I had, changed
the former into a ship under full sail, and the latter
into Aut Mors aut Vita decora^ To those who
may reach the close of this volume, it will scarcely
be necessary to say that the virtuous resolution
expressed in this sentence was fully adhered to,
from first to last.

In May, 1742, Mrs. Sarah Van Brugh died. T have
already spoken of her as the guide and protectress
of Mr. Livingston's boyhood. He appears to have
preserved a grateful recollection of her kindness,
and named a daughter after her. But he retained
in his own person a very different testimonial of
her affection. The impatience and irritability of
temper, which he never completely succeeded in
overcoming, was by his immediate family generally

* To Col. Livingston, of Holland, 10th June, 1785.

WILLIAM LIVINGSTON. 53

attributed to her excessive fondness and undiscri-
minating indulgence.*

( From a letter-book kept by Mr. Livingston, in
the year 1744, in which are irregularly inserted
copies of a small number of letters, principally
relating to private matters, which even at this
late day there would be no propriety in exposing
to the public,t I am able to insert a few extracts,
illustrative of his character at this time. It will
be remembered that they were written, excepting
the last, before he had reached his twenty-first
year.

These letters show Mr. Livingston very much
devoted to his studies, and are more Avorthy of
notice, as proving at how early an age he became
imbued with that conviction of the value of religion,
and that constant consideration of its precepts,
which in a singular manner marked his whole life,
and contributed so much to the rigid integrity
and inflexible uprightness of his private and public
conduct. " Nemo vir magnus sine ahquo adflatu
divino unquam fuit," says the heathen philoso-
pher,J and the sublime truth has received a new

* Her husband, Captain Peter Van Brugh, died in July, 1738.
These two dates are from a MS. vol. in the possession of H.
Bleecker, Esq., of Albany. It is a journal "kept by Barent
Bradt, Clerk (Voorleezer) of the Dutch Church, in the city of
Albany, of the burials of persons belonging to that church, from
1722 to 1757."

t E^uTci (Mvvev ii}^ei. Anac.

t Cic. N. D. 2. 66.

T)! IIIK LIU. OF

meaiiiiip, nnd a liillor roiilirmalion since it was
uttered. J^ut yoiitli is so apt to drink to the
drr<Ts every ("P of wliich it tastes, so apt to for-
irct that triitli lies remote Irom all extremes —
that the relii,nous zeal of an early age is sometimes
unfortunately looked upon with suspicion, as cloak-
ing, perhaps, a harsh and rej)ulsive character;
liable to confound bigotry with piety, and intoler-
ance witli devotion. How far Mr. Livingston was
from laying himself open to these charges, may be
seen by the following extract from a letter to the
Reverend Mr. James Sprout, one of his former
classmates.

« New-York, 22d Sept., 1744.

" My dear Sir,

'' I am sorry to hear you are so divided among
yourselves with respect to religion, which is plain
and simple, and to the meanest capacity intelligible.
Every man has a right to think for himself, as he
shall answer for himself, and it is unreasonable for
me to be angry with any one for being of different
principles, as he has the same pretence to quarrel
with me. And when we consider that truth is
comprised in a small compass, but that error is
infinite, we shall not be so positive and dogmatical,
to set up for infallibility, and anathematize those of
a contrary opinion. There is no sect that come
under the denomination of Christians but what
pretend to ground their principles on the Holy
Scriptures, and consequently all have an equal

WILLIAM LIVINGSTON. 55

right to think themselves the best ; and if they are
heretical in some tenets, in others they are confess-
edly orthodox. Let us then resemble the bee, that
collects the purest nectar font of a diversity of
flovi^ers, that we may not quake, but exult, at the
second sound of the trumpet, when we shall not be
asked of what sect we have been, but be judged
according to our works. I am, &c.

"Wm. Livingston."

In these mild and tolerant opinions is clearly to
be found the germ of that uniform opposition to
ecclesiastical as well as to civil tyranny, for which
the writer was throughout his life conspicuous. It
speaks highly for the soundness and sohdity of
the materials of character, when we find these
marked features impressed upon them at so early
an age, undergoing no change or modification
from the rough wear of the world during a long hfe.

The following extract from a letter to Miss E.
T., dated New-York, November 17th, 1744, may
be found interesting, as throwing a glimmer of
light upon the stately, and yet, in many respects,
unpolished manners of the period.

" As but a few days have elapsed since your de-
parture hence, nothing momentous has happened
either relating births, deaths, or marriages, which,
when they offer, or. any other thing material, I shall
give you as fresh information as my hermetical
kind of life will permit. However, 1 must not omit

56 IMF. MM. OK

lliat \\v li;i(l llio u.ilil Indic at MLsh WaltonV,
talked of bclbro your (UijKiiiurc, Tlie least, as
usual, was preceded by cards, and tlic conij)any so
numerous that tliey filled two tables ; after a few
games, a magnificent suj)per appeared in grand
order and decorum, but for my own part 1 was not a
little grieved that so luxurious a feast should come
under the name of a walel frolic, because if this
be the case, 1 must expect but a few wafel frolics
for the future; the frohc was closed up with ten
sunburnl virgins lately come from Columbus's JVew-
foundland^ and sundry other female exercises, be-
sides a play of my own invention which 1 Jiave not
room enough to describe at present; however, kiss-
ing constitutes a great part of its entertainment."

The following unfinished letter from Mr. Living-
ston to his father, characteristic and amusing, as
showing his irritability but half subdued by the
formal and respectful intercourse which then sub-
sisted between parents and children, closes the ex-
tracts from this volume.

"New- York, Dec. 4, 1744. :
" Hon. Father,

" Sir, — I have received your letter of November
21st, whereof the first two lines are, '1 am much
concerned to hear that you neglect your study, and
are abroad most every night.' As to neglecting my
study, I am as much concerned to hear it as my
father, having read the greatest part of this winter
till 12 and 2 o'clock at night, and since 1 have had

WILLIAM LIVINGSTON. 57

a fire in my room, have frequently rose at five in
the morning, and read by candle-hght, which 1
suppose your informer (whatever ingenious fellow
it be) was ignorant, as 'tis imposssible he should
know it without being a wizard. As to my being
abroad almost every night, I have for this month
staid at Mr. Alexander's till 8 and 9 o'clock at
night, and shall continue to do so all winter, he in-
structing us in the mathematics,* which is indeed
being abroad."

It may be regarded as a curious coincidence, if
not as ominous of Mr. Livingston's lifelong oppo-
sition to estabhshments, that the first of his
essays which now can be identified, and probably
the first of his printed pieces, is an invective
against the mode of studying law as then prac-
tised; against the drudgery to which the clerks
were subjected, and the inattention of their
nominal instructers ; defects which have by no
means even yet disappeared, but which we can
scarcely hope or desire to see remedied, except
by individual merits and exertion. The essay may
be found in Parker's New-York Weekly Post Boy,
for 19th August, 1745, signed Tyro Phibkgis, and
headed with the appropriate motto,

" Sic vos, non vobis, mellificatis apes."

* There is a curious MS. volume in the Library of the N. Y.
Historical Society, filled with mathematical and astronomical
calculations by Alexander. See in Sparks' Gouverneur Morris,
vol. i. p. 292, an anecdote illustrative of his general reputation for
proficiency in these studies.

TiM Tiir. i.MK (>\

\i' Mr. Alcvaiulcr was not an < xcpjjIkhi to the
general cliaractcr of liis profession in tliis respect, —
and we may snpposc that he was from the notice
of Inm in one oftlic j)rcccdinfr letters, — the disci-
pline of his oilicc had prohai>ly some share in
producing the subsequent misunderstanding. It
is certain, however, that in the spring of the next
year, 1746, on the appearance of another piece in
the same paper, with the autliorship of which Mr.
Livingston was charged by Alexander, and which
he did not deny, a rupture ensued, and quitting
the office of his instructer, he entered that of
William Smith, then a very prominent lawyer on the
liberal side of colonial politics, and afterward a
Judge of the Supreme Court. The piece we have
referred to may be found in the Post Boy for the
3d of March, 1746. If Mr. Livingston's silence
arose not from false pride, but from inability to
deny the charge, he was certainly wanting in deco-
rum ; and the abstract justice of the criticism could
not warrant the free and offensive tone of the
piece. Whatever was the justice of the dispute,
the parties were afterwards entirely reconciled, and
Mr. Livingston was employed professionally both
by Mr. Alexander and his widow. Perhaps the
ability of the rising lawyer, and the energetic pat-
riotism of the young pohtician, obtained an easy
pardon for the errors and oversights of the unno-
ticed student.*

* The incident which gave rise to the dispute Is said to have
been as follows : — A Mr. Rice, organist ol' Trinity Church, for-

WILLIAM LIVINGSTON. /)9

About this time, though perhaps in the course
of the preceding year,* and before he had com-
pleted his professional studies, Mr. Livingston was
married to Miss Susanna French, a lady of about
his own age, daughter of Phihp French, a gentle-
man who had previously owned a tract of land in
New-Jersey, comprising a large portion if not the
whole of what is now New-Brunswick, but whose
fortune was at this time very much impaired. Miss
French was granddaughter by the mother's side
of Anthony Brockholls, Lieutenant Governor of
the colony of New-York, under Andross, and sub-
sequently its chief magistrate.!

getful of the strongly-marked distinctions which then practically-
established what has in later days been termed the " Theory of
Ranks," presumed to send a valentme, viz. a pair of gloves with
a copy of verses emblematic and expressive of his devotion, to
Miss Alexander. The fashionable young beauty and her mother
resented it as an insult, and their conduct struck the more repub-
lican mind of young Livingston as so unreasonable that, unmind-
ful of the relation in which he stood to the lady's father, the pas-
quinade already spoken of was the result.

* I know no method of ascertaining the date of this marriage.
There is no mention of it in the newspapers, and I am informed
by the Rev. W. W. Phillips that the records of the church in
Wall-street, the oldest Presbyterian society in the city, and to
which Mr. Livingston belonged, go back no further than tlie
year 1765. His eldest child was born in 1746.

t The following letter from Dongan, at one time governor*of
the province, and afterwards Earl "of Limerick, to Brockholls, dis-
covered among some papers of Mr. Livingston, may find favour
in the eyes of those curious in the antiquities of our state : —

00 TIIF. MFF. OF

Mrs. Livingston's character was plain and un-
pretending. She had received only tiie imperfect
education of the time, but endowed with a strong
intellect, ardent in her affections, devoted to her
husband, and adapting herself with success to his
peculiarities of temper, she possessed his love and
respect undiminished to the end of her hfe.*

" 12ih, 1697.

"Sir,
" To let you see that I am better conditioned than you, 1 take
tlie freedom to give you the trouble of this, and to give you a
little comfort after nine yeares tribulation— to let you know that
there will be a peace before the plenipotenliaryes part ; though
the damned Ffrench are very troublesome both by sea and land.
'Tis believed that the Prince of Conti is made King of Poland,
and that Barcelone is taken by the Ffrench. If Fonts has taken
the Galeons, as 'tis reported, and Barcelona taken, ye poore Span-
iards will be forced to knock under the table. But for England,
ye confederacy could not have held out soe long as they have
done. If King William be not * * * by the Ffrench, I am afraid
we shall have more trouble — you are very happy there to what
they are here. I cannot goe to those parts till my accounts are
auditted and returned hither, and till I settle some little concernes
of my owne here. My humble service to your lady and ye rest
of yr ffamily. I am, Sr,

" Yr most humble Servant,

" Tno : DONGAN.

"Maj. Brockholls."

• At the time of the marriage Miss French resided with her
mliden aunt, Mary Brockholls, and the new-married couple
remained there for about a year after the union. They then
removed to a residence in Water-street, where they lived till
1768, when they changed it for the house at the comer of

PUBLIC Uv^f

\.f-"

WILLIAM LIVINGSTON. 61

111 1747 was published the first of Mr. Living-
ston's productions which received a separate form,
unless we except the Art of Pleasing^ a juvenile
performance, written in imitation of Horace's
Epistle M Pisones, which I have never seen. Its
original title ran thus, " Philosophic Solitude, or
the Choice of a Rural Life. A Poem by a Gentle-
man educated at Yale College. Me placeant ante
omnia sylvae. — Virg. Otium sine literis, mors est,
et vivi hominis sepultura. — Sen." This poem,
which contains about seven hundred lines, was
republished at Boston in 1762, and has been since
the revolution either wholly or in part several
times reprinted.* It has consequently preserved
its station in our colonial literature, and is better
known than almost any of Mr. Livingston's works.
As to the merits of this production, the opinion
of a recent critic, who has apparently paid much
attention to subjects of this nature, may be as-
sumed as impartial : — " Mr. Livingston's poem on
Philosophic Solitude has been several times re
printed, and though it has not high poetic value,
displays the tastes of a scholar, and the virtues of

William and Garden-streets^ in later days well-known as the
post-office, but now swept away by the tide of improvement.
This was their home until they left New- York altogether.

* It may be found at length, in a volume entitled American
Poems, selected and original, printed at Litchfield, Conn, in
1793, as well as in the Columbian Monitor. It was also re-
published immediately after the author's death, in 1790, and
parts of it are inserted in Mr. Kettell's recent Selections.

G2 THF. LIFF. OF

Jin upright mind."* It is full <»! that love of the
country, and of tliat desire for a rural domestic hfe,
which, though not till long afterwards, and then
but imperfectly, gratified, seems during the most
busy moments of his career to have furnished his
fondest anticipations. The smooth flow of the
verse and the turn of expression bear also evident
marks of an admiration and imitation of Pope.
The tribute of friendshij) between the ninetieth
and one hundred and thirtieth verses of the poem
to Noah Welles, a classmate, afterwards minister
at Stamford, Conn., and to William Pcartree Smith,
at this time a resident of New-York, and during the
revolutionary war a member of the Council of
New-Jersey, received an appropriate return, in
some lines from these persons " to the Ingenious
Author of the Poem entitled Philosophic Soli-
tude." They are incorporated with some of
the early reprints of the work, but have been
omitted in the later editions. It would be out of
place to give here any extracts from this poem.
It is sufficient to say generally that Mr. Livingston
does not appear to so great advantage in his
rhythmical as in his prose compositions. His
satirical pieces are the best of the former, but
they are frequently too coarse for the taste of the
present day, although warranted by high authority
in the generation for which he wrote. His graver
verses are in most instances formal, and through-

* Am. Q. Rev. No. iv. p. 506.

WILLIAM LIVINGSTON. 63

out all we can discern marks of constraint, of
subjection to the rhyme and the metre shackling
his thoughts. The ideas are poetical, but the
mechanical execution is not equal to the concep-
tion, and they but rarely have the force and eleva-
tion of his political and state papers.

In the fall of the next year, 1748, Mr. Livingston
completed his clerkship, and was admitted to the
bar as attorney. His registers show that at an
early period he was professionally employed
more frequently, and in more important actions,
than is usual in similar cases.*

In February, 1749, Philip Livingston, the father
of the subject of this memoir, died at New-York."t
Up to the period of his death he retained his seat
in the Council, and with him expired the last
prominent member of this family to be found
arrayed on the side of the English government, or
enjoying its favour. He appears, however, to have
taken no active part in the pohtics of the colony.
The few particulars which have been handed down
m his family respecting his funeral ceremonies are

* The license to practise, signed by Governor Clinton, is
dated 14th Oct., 1748. Mr. L, was qualified and admitted, as
appears by the clerk's endorsement, on the 18th. It may be that
there is some error as to the commencement of his clerkship.
Smith says in his appendix, that an apprenticeship of but three
years was required of graduates. Some new rule may have
been established between 1744 and 1756 (the date of Smith's
work), but the discrepancy appears too great.

t N. Y. Gazette for Feb. 6th, 1749.

64 llli; I, IKK OF

illustrative of the iiuuiners of tin- time, and of the
consequence of the individual, lie died, as has
been said, at New- York, but his obsequies (for so
they may he called) were performed both at that
place, and at his residence in the manor of Living-
ston. In the city, the lower rooms of most of the
houses in Broad-street, where he resided, were
thrown open to receive the assemblage. A pipe
of wine was spiced for the occasion, and to each
of the eight bearers, with a pair of gloves, mourning-
ring, scarf, and handkerchief, a monkey spoon was
given.* At the manor, the whole ceremony was
repeated ; another pipe of wine was spiced, and
besides the same presents to the bearers, a pair of
black gloves and handkerchief were given to each
of the tenants. The whole expenses were said to
amount to five hundred pounds,t and this wasteful
consumption in his own family may have led Mr.
Livingston a few years afterwards to devote one
of his Independent Reflectors to the "Extrava-
gance of our Funerals."!

The following pasquinade written immediately

* It would be desirable to know the origin of this custom,
now entirely obsolete. This spoon differed from the common
one in having a circular and very shallow bowl, and took its
name from the figure of an ape or monkey, which was carved in
solido at the extremity of the handle.

t It is said too that this was a retrenchment upon previous
customs, and it is mentioned as an instance of the notable Dutch
habits of Mrs. Livingston, that she was one of the first persons
to give hnen scarfs in lieu of silk, as had been the former mode.

\ Ind. Ref. Mo. 29.

WILLIAM LIVINGSTON. 65

before or after a closely-contested election, has
never I believe been printed, and as it is the first
of Mr. Livingston's political writings of which the
authorship is certain, it is here inserted from his
MSS.

" Political Bill of Mortality for the month of
August, in the year 1750, in a certain quarter of the
town near the Bowling-Green.

Burst with malice, 4

Over-fatigued with writing dialogues, 2
Grumbling, 3

Of vain expectations, 10

For want of pay, 5

Of roaring against the four members, 7
Of Madeira, 4

Nocturnal consultations, 3

Of the Cacoethes, 12

Running about for votes, 14

Of Probity, 1

Impolitic blunders, 6

Of a letter to the freeholders, 39

In all 110"
It would be difficult now to ascertain the precise
object of this satire, which doubtless grew out of
some one of those trifling colonial squabbles which
were the preludes to more serious dissensions. It
was probably directed against some measures of
the party headed at this time by Governor Clinton,
and of which James De Lancey, afterwards chief
justice, and lieut. governor, was a very prominent

66 Tin: i.iFF, OF

leader. Among the opponents of this faction Mr.
LivintTston, at an early ju'riod, arrayed liimself.
*'Will," said one of the De Lanccys to liini famil-
iarly, before his sentiments were clearly ascertaimul,
" you would be tlic cleverest fellow in the world if
you were only one of us."

" I will try to be a clever fellow," was the brief
answer, " without being one of you."

In the year 17.'i2, Mr. Livingston, together
with William Smith, junior, in obedience to an act
of the Assembly, passed Nov. n.OO, published the
first digest of the colony laws. It comprised in a
ponderous folio all the statutes passed between
1691 and 17.')], at that time in force. The compen-
sation allowed by the legislature was 280/. for the
joint labours of the compilers. A second volume,
comprising the laws from 1751 to 17.56, appeared
under the direction of the same persons in 1762.
For this they received £100. It was at the time a
labour of great use, but it required no other qual-
ifications than industry and accuracy. It per-
formed the duty, and shared the fate of all similar
compilations. An indispensable book to the pro-
fession for a short time, it was, a few years after-
wards, in 1773, completely superseded, except with
the legal antiquarian, by the new edition of Mr.
Van Schaack. This in its turn was displaced in
like manner, and the same undertaking was more
than once repeated, until in our own day the labour
of the compiler has yielded to the more original
and important work of the reviser.

WILLIAM LIVINGSTON. 67

The chief advantage of this work to Mr. Liv-
ingston was the effect which its pubhcation had of
bringing him into notice. It was a task honoura-
ble to be performed by so young a member of the
bar, and together with his dihgent attention to his
profession, and the assistance of his numerous
family connexions, soon procured him an extensive
business, which was gradually increased by the re-
spect paid to his independent and fearless charac-
ter, and by the prominent part which he took in
the political affairs of the colony.

In January, 1753, 1 find him commencing a
suit for the eccentric Dr. James Magra against
Governor Clinton, under the act against harbour-
ing and concealing a slave; and in the beginning of
the next year, with Mr. Scott and Mr. Smith, in tlie
cause of O'Bryan and Bryant, arguing before the
council for the common law-right of writs of error.
This was an action of assumpsit, in which the
plaintiff had a verdict for £150, and which the de-
fendant's counsel endeavoured to carry up before
the governor in council by writ of error. These
writs were regulated by the royal instructions in
cases where the sum recovered amounted to £300,
but Mr. Livingston and his associates contended
in behalf of Bryant, that the writ was one of com-
mon right. The motion was denied, and the pop-
ular doctrine overruled, notwithstanding the excite-
ment which the controversy created at the time.
I need not say that the principle which Mr. Living-

68 TMK LIFF OK

stoii asserted has been fully established, at least in
this State.*

In March, 17.'i2, he was enfijafjcd with Smith and
Nicoll lor the defendants in the ^reat cause of
the Earl of Stair and others, j)roprietors of the
Eastern Division of New-Jersey, vs. Bond and
others, in the chancery of that colony, involving,
as it appears by a cursory examination of a bill
of unexampled length, the proprietorial rights and
the title of the territory to a considerable extent.
Alexander and Murray of New-York were the
counsel of the complainants. Thus we always
find the subject of this memoir arrayed on the side
which has the least to boast of power or adventi-
tious dignity. The bill was filed in 1747, and pub-
lished in folio the same year. The answer was
not put in till 1752. If all the proceedings were
carried on in the same manner, the cause must
have outlived both clients and advocates.t

In June, 1754, we find Mr. Livingston with Mur-
ray, Smith, and Nicoll, on the part of New-York,
conferring with the Commissioners of Massachu-
setts, on the subject of the boundary line of the two
colonies. The interest of the manor, which had

* Smith, vol. ii. p. 247. The following extract from Mr. L.'s
register shows his share as Bryant's attorney and counsel in this
transaction : — " Oct. 1753, filed exceptions and brought writ of
error. 1st Jan. 1754, met at Mr. Smith's and consulted about
reasons. Same day made fair copy of reasons and filed same.
March 27th, attended council and read argument, 33 sheets. "

t Vid. the printed bill, 1747.

WILLIAM LIVINGSTON. 69

now descended to his eldest brother Robert, in this
question, may perhaps have obtained for him this
appointment. Several years afterwards, he was
retained by his native province in the dispute with
New-Jersey, respecting their adjacent territory.*

A few of his letters written shortly after he had
commenced to practise as counsellor still remain.
They show with what independence of mind and
elasticity of character he entered upon and pursued
a profession, the dignity of which is sometimes less-
ened by an unreasonable deference to authority
and submission to superior station, incompatible
with a proper self-respect. Among the earli-
est is the following to Kempe, attorney-general
of the colony, and it will be remembered, that the
influence of office and the respect paid to it were
somewhat greater then than they are now : but the
writer was not one, who at any period of his life
could be easily browbeaten or overawed.

" New- York, August 26, 1754.
" Sir,
" I received from you three letters mandatory,
the one in the case of — [three cases are enume-
rated]— all couched in the following terms : ' Mr.
Livingston., I demand a plea.'' With respect to the
two first, 1 have filed pleas almost a month ago,

* The principal documents relating to this long-waged dis-
pute were published about the year 1768, in a folio volume,
which I have seen nowhere but in the Athenaeum Library at
Albany.

70 TMF- LIFE OP

;incl ap to llir Inst. I linvo l)ron .-il llic ofliro twice
and lind no inronnatioii lilcd. and to plead to an
inrormation that is neither filed, nor you have heon
j)leas(Hl 1o favour iiu> witli a copy of, aj)|)ears to me
something of a diniculty. Before tliercforc 1 think
you can reasonal)ly desire me to plead, you will be
kind enough to do one of these two things, which
I request witli great humility, and not in the style of
Mr. Attorney : 'I demand a copy of the infor-
mation.'

" I fim, Sir,
"Your hunddc servant,

"Wm. Livingston.
" William Kcmpc, Esq.*
*•' GrccnsicirlLy

* William Kcmpe, to whom the above letter is addresseil, came
to Now- York, and succeeded William Smith (the elder) as advo-
cate and attorney-general for the province, in the fall of 1752.
He brought with him several daughters and two sons, AVilliam
and John Tabor : the former, after a youth of low and reckless dis-
sipation, which alienated the affections of liis family, passed the
remainder of his life in great poverty, not far from this city. The
latter succeeded his father in his oflice in 1759, and held it till
the revolution, when, adhering to the ministerial side, he remained
in New- York during the war, and was one of the council ap-
pointed under the mock-government of General .Tames Robertson.
Immediately after the peace he returned to England. John
Tabor Kcmpe appears to have been a man of courteous man-
ners, and to have taken no greater share in the political contests
than was imposed upon him by his station. He seems to have
been generally popular, and by no means individually obnoxious
even to those opposed to him. His correspondence as well as his
father's, which were left behind him when he left the country, I

WILLIAM LIVINGSTON. 71

In a letter of the 8th May, 1754, he thus writes
to one of his chents in Philadelphia : " If, in the
mean time, you should be under any apprehension
of not succeeding in the prosecution of the action,
I would by no means encourage any one to carry
on a lawsuit that is disinclined to so troublesome a
business, which is a piece of advice not frequently
given by those of our profession." A letter of the
13th December, 1756, to another client, runs thus:
" At this, I say, I am greatly surprised, because I
told you in mine of the 29th December, which you
acknowledge to have received, that he absolutely
refused to give me security; and your repeating it
now seems to look like charging it on my mis-
conduct, which alone, had I no other reaspn, would
determine me against having any further concern
for you, either in this or any other case."

An examination of Mr. Livingston's registers and
business-letters would much tend to diminish any
regret which may be felt for the want of colonial
reports. A great number of the cases are suits
for the collection of debts owned by English mer-
chants ; and causes under the complex law of eject-
ment, now so happily exploded, form another large
class. In a letter of the 18th April, 1754, he says,
" Times are so bad, that there is no knowing who
to trust. We are ruined by the importation of dry

have examined, but they throw little or no light upon the colonial
annals. We shall meet his name again h\ the progress of this
memoir.

72 TUK LIFK OF

goods, and New- York will, I icar, soon get as ill a
name as Boston. I have letters of attorney bv
Captain Bryant, against no less than twelve mer-
chants."

But without tracing Mr. Livingston along that
weary ascent which leads to legal eminence, I here
dismiss this portion of my subject ; briefly stating
that after the death of Alexander in 17.06, and the
elevation of Smith to the bench in 1763,* he stood
with the younger Smith and John Morinc Scott, at
the head of the profession. As lawyers, what were
the comparative merits of these gentlemen, it is now
perhaps impossible to ascertain ; but it was only
at the bar that they stood in contrast and opposi-
tion to »each other. In their efforts to baffle
the ministerial schemes, and in their plans for
the benefit of the colony, they cordially and zeal-
ously co-operated; nor was their union of thought
and action dissolved until the views which Mr.
Smith unfortunately took of the revolutionary con-
test compelled him to abandon his early and long-
tried friends. Mr. Livingston is said never to have
been remarkable for eloquence, and to have ac-
quired his standing by the accuracy of his know-
ledge, the vigour and quickness of his perception,
and the closeness of his reasoning, seasoned occa-
sionally perhaps by that dry humour and severe
sarcasm which wc meet in his writings.

Not engrossed however by the claims of a profes-

* Vid. Johnson's Digest.

WILLIAM LIVINGSTON. 73

sion peculiarly absorbing, Mr. Livingston had been
already for some time labouring to establish his
fame upon a more permanent foundation, and to
this branch of the subject we must now turn our
attention. Before doing so, however, it may be
mentioned that two of the most eminent lawyers of
this state received the rudiments of their profes-
sional education in Mr. Livingston's office, — the late
Chancellor Livingston, and Chief Justice Yates.*

* Vid. App. to Secret Debates of the Federal Convention.

Till. l.IFK. (U

CHAPTER III.

Mr. Livingston edits the Independent Reflector in 1752 — Dissen-
sions on the JSubjcct of the Charter of King's College — Letter
relating to the French and Indians — John Morke — Mr. Liv-
ingston edits the Watch Tower in 1754 — Termination of the
College Controversy — Death of Mrs. Catharine Livingston
in 1756.

The first number of the Independent Reflector,
published under the direction of Mr. Livingston,
appeared on the 30th November, 1752. This was
I beheve the first periodical in the colonies, cer-
tainly in New-York, which, with no professed at-
tachment to any political party, devoted itself to
a close and impartial scrutiny of the existing estab-
hshments, and pursuing its course ^vithout fear or
favour, had for its object the exposure of offi-
cial abuse, negligence, and corruption in whatever
rank they were to be found. There was little ex-
citement on any subject in the colony when this
paper made its appearance, and its columns were at
first confined to the suggestion of ideas practically
beneficial to the mass of the people ; but its bold
and commanding tone, its acute and searching in-
vestigations, appear to have had no slight influence
in fomenting those angry discussions which, burst-
ing out almost immediately afterwards, raged with

WILLIAM LIVINGSTON. 75

little intermission till the revolution. " Quand
I'emulation n'excite pas les hommes," says Voltaire,
speaking with more truth of the people of his day
than of ours, " ce sont des anes qui vont leur
chemin lentement, qui s'arretent au premier obsta-
cle et qui mangent tranquillement leurs chardons
a la vue des difficultes dont ils se rebutent ; mais
aux cris d'un voix qui les encourage, aux piqures
d'un aiguillon qui les reveille, ce sont des coursiers
qui volent et qui sautent au dela de la barriere."*

In the eleventh number of the work, when he
had become somewhat excited by opposition, the
author thus describes his purpose : " The Reflector
is determined to proceed unawed and alike fearless
of the humble scoundrel and the eminent villain.
The cause he is engaged in is a glorious cause.
'Tis the cause o^truth and liberty : what he intends
to oppose is superstition, bigotry, priestcraft, tyranny,
servitude, public misinaiiageiiieiit, and dishonesty
in office. The things he proposes to teach, are the
nature and excellence of our constitution, the ines-
timable value of liberty, the disastrous effects of
bigotry, the shame and horror of bondage, the im-
portance of religion unpolluted and unadulterate
with superstitious additions and inventions of
priests. He should also rejoice to be instrumental
in the improvement of commerce and husbandry.
In short, any thing that may be of advantage to
the inhabitants of this province, in particular, and

* " Ce qu'on ne fait pas et ce qu'on pourrait faire."

76 THE LIFF OF

mankind in general, may freely demand a place in
his paper."

The importance attached to this journal at tlie
time may he judged of from the violence of the
opposition it excited. The editor was defamed in
private society, and denounced from the pulpit.*
The mayor recommended the grand jury to pre-
sent the work as a libel ;t the author was charged
with profanity, irrcligion, and sedition, and his prin-
ter, alternately menaced 'and cajoled by the'enc-
mies of the paper, yielded at length to their efforts
and refused to continue it.

There was at this time in the colony of New-
York, as has been already said, no political excite-
ment of any moment, and the titles of some of the
early numbers of the Independent Reflector will
suffice to show the practical an4 useful character
of the work.

" No. II. Remarks on the Excise, and farming it
shown to be injurious to the province.

" No. III. Of the Abuses of the Road and City
Watch.

" No. V. On the Importation of mendicant For-
eigners.

* Ind. Ref. Nos. 2, 3, and 7. " The author takes this opportu-
tunity for returning his thanks to the reverend gentleman who
did him such signal honour, last Sunday, as to make him the subject
of his sermon, and greatly admires his ingenuity in proving him to
be the Gog and Magog of the Apocalypse, who have hitherto puz-
zled all the divines in the world."

t Pref. to Ind. Ref. p. 26.

WILLIAM LIVINGSTON. 77

" No. VII. A proposal of some further Regula-
tion for the speedier and more effectual Extinguish-
ment of Fires.

" No. IX. The selhng of Offices which require
skill and confidence, a dismal omen of the declen-
sion of a state.

" No. XIII. Of party Divisions.

" No. XXVIII. On the Delays of Chancery.

« No. XXIX. Of Extravagant Funerals."

All these essays are full of original and valuable
thoughts on the subjects to which they refer, and
are marked by singular boldness and freedom from
disguise or circumlocution. Smith cites the
Reflector repeatedly when treatirig of the internal
state of New-York, and in an historical point of
view the paper is valuable. •

It will readily be imagined that all interested in
the abuses exposed coalesced to put down this
audacious innovator ; but Mr. Livingston, nothing
dismayed, entered upon the discussion of a topic
which, gradually absorbing all subjects of less in-
terest, brought on a much more imbittered contest.

The Episcopalians, though comparatively few in
number in the province of New-York, might be
considered at this time the ruling sect ; and it will
be remembered that the example of the mother
country constantly reminded the colonists of those
dividing lines of Christianity, which it was the ten-
dency of their more tolerant government to efface.
Befriended at home by their brethren of the estab-
lished church, and favourably regarded by the

78 Tlin LIFE OF

royal Sfovernors, who were uniformly ol iIk; same
persuasion, the Ibllowers of the church of England
monopolized a very considoral)lc sliare of the
places of honour and profit. The claims of the
establishment over the colonies were already put
forth, and although vehemently denied, they were
partially sustained by a law passed in 1 693, to sup-
port ministers in certain parishes, which, though
clergymen of the church of England were not
named in the act, had it seems been constantly
filled by them.

The sect of the Presbyterians to which Mr.
Livingston belonged consisted principally of tliose
descendants of Dutch parents who, not under-
standing the language of their ancestors "suf-
ficiently to apprehend the full force and connexion
of a sermon" (and this Mr. Livingston says was his
own case,* his father and grandfather both having
belonged to the Dutch congregation), one by one
fell off from their church, which was foolishly
tenacious of performing service in their original
tongue. Uniting with the other dissenters, they
gradually formed a sect the largest I believe in
the province, but possessed of little power or in-
fluence, and which had been under the earlier
governors, the dissolute Cornbury and the im-
perious Fletcher, grievously oppressed. But, al-
though they must be supposed to have felt some-
thing of that bitterness with which a powerless
majority looks upon a favoured minority, they

• Letter to Aaron Burr, 29th May, 1754.

WILLIAM LIVINGSTON. 79

might perhaps have remained tranquil had not the
EpiscopaUans injudiciously provoked the contest.

The colonists of New-York, aroused at a late day
to a sense of their deficiency in the means of educa-
tion, and stimulated by the example of their eastern
neighbours, after having raised, by means of suc-
cessive lotteries, the sum of £3443, for the purpose
of founding a college, passed an act in November
1751, vesting the funds so obtained in ten trustees,
seven being Episcopalians, two of the Dutch
church, and the tenth Mr. Livingston himself, as
we have said, an English Presbyterian. The
inequality of this apportionment in favour of
the Church of England attracted attention; the
other sects took the alarm, and it was soon
rumoured that a majority of the trustees were
determined to have the college under the control
of their own denomination, and that they were
about to apply to the governor for a charter, two
articles of which were to be, that no person out of
communion with the Episcopalian church should
be made president, and that the Common Prayer
should be used for its rehgious exercises.

The matter w^as in this unsettled state when
the Independent Reflector was established, and
the narrow bigotry of this plan, Avith the injustice
of devoting to a sectarian use funds raised by a
tax levied on all, could not long fail to strike the
mind of Mr. Livingston.

In the 17th number of his paper (22d March,
1753), he commenced his Remarks ujwn our intended

(Ml THK MFF. OP

College^ unci bcginniii*; willi an cxjuninalion of the
importance of tlie institution, lie in liis subsequent
numbers discusses the most proper maimer of its
establishment. This he insists, both for its dignity,
security, and stabihty, should be, not by charter, but
by Act of Assembly. Differing thus fundamentally
from his opponents, he proceeds more minutely to
describe what he would have the rules of the insti-
tution— free to all, offensive to no sect, as such —
and his twenty-third number contains an eloquent
address to the inhabitants, exhorting them to im-
body in opposition to the projected charter, the
fervour of which is interesting, even at this late day
when the origin of the difficulty is almost forgotten.
The discussion could not be tranquilly had.
The adjustment of claims between encroachment
and resistance is rarely effected by compromise.
The leaders of the party demanding the charter
looked with great hostility on this advocate, " for
constituting a college on a basis the most catholic,
generous, and free."* The editor of theReflector
was accused of creating party dissensions for the
purpose of preventing the estabhshment of any
college whatever, and abuse of all kinds was
heaped freely upon him. Their attacks were re-
turned with tenfold vigour, and the strife soon
became one of great violence. The titles of the
numbers published about this time, show the
alteration in the tone of the paper.

* Ind. Ref. No. 18.

WILLIAM LIVINGSTON. 81

" No. XXXI. Primitive Christianity, short and
intelhgible— Modern Christianity, voluminous and
incomprehensible.

" XXXI V. Of the Veneration and Contempt of
the Clergy.

"XXXVI. The Absurdity of the Civil Magis-
trate's interfering in Matters of Religion.

"XXXVIII. Of Passive Obedience and Non-
resistance."

The character of the contest was, as often
happens in similar cases, changed. This promi-
nent instance of misdirected zeal or unwarrantable
ambition, on the part of a small but active and in-
fluential faction, roused the impartial of whatever
denomination to an investigation of their actual
condition. A belief was speedily excited in the
minds of the leading dissenters, and as it subse-
quently appeared not without reason, that there
was a design on foot, embracing a much wider
field than the government of the projected college,
and that there were members of the Church of
England Jboth at home* and in the colony, not at
all disinclined to incorporate the civil with the
religious establishment.

There was every reason why the finances of a
young and poor country should not be embar-

• It is difficult to treat of any topics connected with our
colonial history, without falling into the language used by the
writers of the time. " Home," as every one knows at all versed
in our ante-revolutionary annals, is the affectionate epithet by
which the mother-country was designated.

82 THK LIFF. OF

rasscd with the support of an cstabhshcd church,
and why lh( ir strong religious feehng should
not be clogged by tlie encumbrances of tithes
and taxes. We cannot therefore wonder, espe-
cially when we reflect upon that salutary jealousy
which we have inherited from our American an-
cestors of every age, which to this day we manifest
at every attempt to introduce sectarian theol-
ogy into legislation, we cannot wonder that the
fear of such an event should have roused those
upon whose minds it operated to the greatest
exertions.

The controversy assumed, as we have said, a
new character. Going beyond the immediate sub-
ject of dispute, Mr. Livingston, in his Reflector,
attacked all the abuses of the English system, and
perhaps did not in every case confine his satire
and reproach to its abuses. He was answered in
the columns of the New-York Mercury, the prin-
cipal paper arrayed against him, by those charges
which had been freely levelled at an earlier period
against the Independents, the Puritans, the dis-
senters of every denomination. There was exagge-
ration on both sides, but the discussion proved in
its consequences beneficial, and though the liberal
party did not entirely succeed in their immediate
object, the immoderate zeal of their opponents
was checked.

The subject is one of much interest with refer-
ence to our colonial history : we shall find it at a
later period extending itself into the neighbouring

WILLIAM LIVINGSTON. 83

provinces of Massachusetts and Pennsylvania, in-
volving the whole merits of the English as an
established church, and illustrated by the talent of
some of the ablest writers of the period.

It is much to be regretted that we cannot assign
to Mr. Livingston's coadjutors in the Independent
Reflector their respective productions. His own
pieces, though written under different signatures,*
may be recognised without difficulty by their
editorial character, as he more than once asserts
himself to be the sole conductor of the work ; but
it has now probably become impossible to ascertain
the able writers whose communications appear
under the names of Shadrech Plebeianus, jltticus,
and Philalethes. Smith, the historian, and John
Morine Scott, are known to have thought and
acted with him on these subjects.t William
Peartree Smith, already spoken of, is also under-
stood to have been a contributor.

The preceding statement of the relative position
of the two parties being made, and caution being
urged as to the allowance with which the essays
on both sides of the question are to be regarded,
a few extracts from the paper will best prove the
ability and impetuosity with which it was carried on.
Argument, reproach, ridicule, every weapon was in
turn employed, and each well, though somewhat un-

* As Z. B. X and Z. Z and B. X. A.

t See letter from these gentlemen to Gaine, editor of the
Mercury, in his paper of 3d Sept., 1753.

TlIF, I.IKE OF

sparingly wielded. The following, taken from the
22d No., will serve to show tlie importance at-
tached to the question, and the solemnity with
which it was discussed. It is entitled "An Address
to the Inhabitants of this Province."

" My dear Countrymen,

" In a series of papers I have presented to your
view the inconveniences that must necessarily re-
sult from making the rule of the college the mo-
nopoly of any single denomination. I have consid-
ered it in a variety of lights, and explored its nume-
rous evils. * * * Far be it from me to terrify you
with imaginary dangers, or to wish the obstruction
of any measure conducive to the public good.
Did I not foresee — was 1 not morally certain of the
most ruinous consequences from a mismanage-
ment of the affair, I should not address you with so
much emotion and fervour. But when I perceive
the impending evil, when every man of knowledge
and impartiality entertains the same apprehension,
I cannot, 1 will not conceal my sentiments. In
such a case, no vehemence is excessive, no zeal
too ardent. * * *

" Arise, therefore, and baffle the machinations of
your and their country's foes. Every man of vir-
tue, every man of honour will join you in defeating
so iniquitous a design. To overthrow it, nothing
is wanting but your resolution." He addresses
each sect in turn, and then proceeds thus — " Hav-
ing thus, my countrymen, accosted you as dis-

WILLIAM LIVINGSTON. 85

tinct denominations of Christians, I shall again ad-
dress you as men and reasonable beings. Con-
sider, gentlemen, the apparent iniquity, the mon-
strous unreasonableness of the claim 1 am opposing.
Are we not all members of the same commu-
nity ? Have we not an equal right ? Are we not
alike to contribute to the support of the college ?
Whence then the pretensions of one in preference to
the rest ? Does not every persuasion produce men
of worth and virtue ? Why then should one be ex-
alted and the other debased ? You, I hope, will
consider the least infraction of your liberties as a
prelude to greater encroachments. Such always
was, and such ever will be the case. Recede,
therefore, not an inch from your indisputable rights.
You have been told it — posterity will feel it. In-
dolence, indolence has been the source of irretriev-
able ruin. Languor and timidity, when the pubhc is
concerned, are the origin of evils mighty and innu-
merable. Why should you too late deplore your
irresolution. No ! defeat the scheme before it is
carried into execution. Away with so pestilent a
project; suffer it no longer to haunt the pro-
vince. Alas ! when shall we see the glorious flame
of patriotism lighted up and blazing out with in-
extinguishable lustre ? When shall we have one
interest, and that interest be the common good .^"

In the 27th number may be found a prayer com-
posed entirely of different portions of the sacred
volume, for the purpose of showing the impropriety

86 THE LIFE OF

of confining tlic college to the use of the Enghsh
form. No. 46 is entitled " Of Creeds and Sys-
tems, together with the Autlior's own Creed." This
creed, wliicii is drnwn up in thirtv-ninc articles, is
an attack partly upon the sectarian character of
the Church of England, as manifested at the time,
but more particularly upon bigotry of all denomi-
nations ; and viewed in this light it affords a liappy
specimen. of Mr. Livingston's humorous writings.

" It is well known that some have represented
me as an Atheist, others as a Deist, and a third
sort as a Presbyterian. My creed will show that
none have exactly hit it. For all which reasons, I
shall cheerfully lay before you the articles of my
faith. * * *

"1. 1 beheve the Scriptures of the Old and
New Testament, without any foreign comments or
human explanations but my own : for which I
should doubtless be honoured with martyrdom, did
I not live in a government which restrains that
fiery zeal which would reduce a man's body to
ashes for the illumination of his understanding.

" 5. I beheve that the word orthodox^ is a hard,
equivocal, priestly term, that has caused the effu-
sion of more blood than all the Roman emperors
put together.

" 7. 1 believe that to defend the Christian religion
is one thing, and to knock a man on the head for
being of a different opinion is another thing.

"11. I believe that he who feareth God, and

WILLIAM LIVINGSTON. 87

worketh righteousness will be accepted of Him,
even though he refuse to worship any man or
order of men into the bargain.

"13. 1 believe that riches, ornaments, and cere-
monies were assumed by churches for the same
reason that garments were invented by our first
parents.

"15. I believe that a man may be a good Chris-
tian though he be of no sect in Christendom.

"17. I believe that our faith, like our stomachs,
may be overcharged, especially if we are prohib-
ited to chew what we are commanded to swallow.

" 37. I believe that, was it in the power of some
gentlemen I could name, the Independent Reflector
had long ago been cropped and pilloried.

"38. I beheve that the virulence of some of the
clergy against my speculations proceeds not from
their affection to Christianity, which is founded on
too firm a basis to be shaken by the freest inquiry,
and the Divine authority of which I sincerely be-
heve, without receiving a farthing for saying so ;
but from an apprehension of bringing into con-
tempt their ridiculous claims and unreasonable
pretensions, which may justly tremble at the shght-
est scrutiny, and which I believe I shall more and
more put into a panic, in defiance of both press
and pulpit."

At a subsequent period he offered the following
apology for this and other portions of his work.

"A mighty clamour was raised against me

88 THE LIFE or

under pretence tliat I tranRjEfresscd the bounds of my
design, in writing against the Churcli of England.
Of tlie falsity of this charge, whoever reads my
weekly productions with an unprejudiced mind
will be easily convinced. But to say something in
vindication of myself: — 1 do declare that I never
wrote a syllabic with a view of censuring the
church as such : I have only exposed her un-
reasonable encroachments. When one religious
persuasion, in defiance of the equal rights of the
rest, and in contradiction to the plain dictates of
law and reason, openly advances a claim destruc-
tive of those rights ; to sit as a calm and uncon-
cerned spectator would, in a writer of my class,
have been a treasonable neglect of the interest of
the community. At this conduct indeed I took the
alarm : it was my duty, my bounden, my indispen-
sable duty."*

The 52d number of these essays appeared on the
22d of November, 1753, when, as has been already
said, the printer, Parker, suddenly refused to con-
tinue it. A paper styled " The Occasional Rever-
berator," had been set on foot a few Avecks. pre-
vious for the purpose of sustaining the Reflector ;
but after the publication of three or four numbers,
this also disappeared. A writer calling himself P/tz7o-
Rejlector was soon forbidden the columns of the
gazette in which his communications were at first

Pref. to Ind. Ref. page 30.

WILLIAM LIVINGSTON. 89

printed ; and he then repubhshed " The Craftsman,"
a sermon from the Independent Whig, with a pre-
face more particularly suited to the time.*

The Independent Reflector was republished, with
a long preface, by Mr. Livingston in January of
the next year, after repeated refusals on the part of
printers, both in Boston and Philadelphia, to have
any connexion with the obnoxious work ; and the
title-page bears the words, " Printed (until tyranni-
cally suppressed) in 1753." This preface contains
a long list of the subjects which it was the author's
intention, had his paper continued, to have dis-
cussed; and some of them are well worthy of no-
tice, as showing the germ of that free and full discus-
sion of all matters connected with the public interest
which eftected the revolution, and which is yet far
from having reached its goal. It is not difficult to
imagine which side of these various questions
he would have advocated.

" No. LVIII. Remarks on the 39th article of the
Instructions to his late Excellency Sir Danvers
Osborn.f

* This last work I have not been able to find. William
Smith, afterwards provost of the College of Philadelphia, also pub-
lished in this year a pamphlet entitled "A General Idea of the
College of Mirania" — A Utopian institution — with reference to
the New-York establishment.

t An article of the royal instructions to a preceding governor
requiring the assembly to grant the chief-magistrate a permanent
support. This scheme, highly obnoxious as making the governors
completely independent of the colony, had been before attempted

11 IK 1.11 K Ol

"No. LXXVII. The Necessity of an established
Colony Constitution.

"No. LXXIX. The equal Rights of British
Subjects in the Plantations to the privile<ies en-
joyed by their fellow-subjects in Great Britain
asserted and vindicated.

" No. CVIII. Of the Importation of Negroes."

The matter of the college was shortly afterwards
brought to a crisis. In May, 1751, the trustees,
stimulated by the oficr of a tract of land from
Trinity Church, made solely upon condition that
the charter should contain the two sectarian provi-
sions, as to the president and the liturgy, petitioned
Lieutenant-governor Delancey, who was then at
the head of affairs, to incorporate the institution
on those terms. Mr. Livingston alone, deserted
even by his colleagues of the Dutch church,*
presented a protest against the prayer of the
petitioners. The two follcTwing letters may be
found interesting, as connected with the same
subject. The testimony of the writer as to the
early state of our college is not, however, it must
be remembered, that of entirely uninterested
witness.

without success. It created almost the only serious difficulty
that existed between this province and the mother country before
the passage of the Stamp Act ; but the royal directions were in
no one instance complied with.

* Benj. Nicoll, one of the trustees from the Dutch Church,
appears to have been eager for the passage of the charter, if 1
may judge from a (MS.) letter from him to W. Kempe, 24th Oct.
1754.

WILLIAM LIVINGSTON. 91

" TO MR. CHAUNCEY WHITTELSEY, AT NEW-HAVEN.

"New- York, August 22d, 1754.
" Dear Sir,
"Your brother did me the honour of waitmg
upon me this morning with your respects, and told
me you desired from me a state of our college,
and what was, or was like to be its plan and con-
stitution. It was opened last June, in the vestry-
room of the school-house belonging to Trinity
Church. It consists of seven students, the majority
of whom were admitted, though utterly unqualified,
in order to make a flourish. They meet for
morning prayers in the church, and are like to
make as great a progress in the liturgy as in the
sciences. The doctor's advertisement promises
stupendous matters. He is even to teach the
knowledge of all nature in the heavens above us.
Whether he intends to descend as low as he soars
on high, and conduct his disciples to the bottom
of Tartarus, he doth not inform the pubhc. We
have at present no other teacher, nor have I heard
of any in prospect. I have acquainted the trustees
with the contents of your last letter, but we have
had no meeting since I received it. The plan on
which they would fix it, you will see by the paper
enclosed. They expected the governor would
have granted the charter on their preferring a
petition, and I beheve they had some assurances to
that purpose ; but the noise and uneasiness created
by the protest which I pubhshed, on purpose to

92 THK I.IIF. OF

create siicli noise and uneasiness, liave so puzzled
his h — r (who, like a thorough politician, cares no
furtiier about the granting or rejecting the petition,
than as the one or the other doth best promote his
political interest), that he has hitherto deferred
his answer. The protest lias indeed excited so
great a fermentation in the province, that in con-
sequence of the reasons therein urged, and some
other steps that had been taken by me and my
friends for rousing the people to an opposition,
several of the members in our present session of
Assembly arc come with petitions from their con-
stituents to them, against granting any further fund
for the college till its constitution and government
be settled by an act of legislation. The adverse
party are also making interest with the members,
to nod over the affair and leave it to the manage-
ment of the trustees. But I believe we have a
majority who will enter into an examination of
their conduct, and vote for incorporating it by Act
of Assembly. Had the printers not been overawed
from publishing any thing on the subject in their
newspapers, I am confident we should have raised
so great a fervour in the provinces, as nothing but
a catholic scheme would have been able to ex-
tinguish. However, a new press will be set up in
the fall, and then I am persuaded (if not then too
late) the trumpet will not cease to blow in Zion.

" After the session, 1 shall acquaint you with the
event of this affair. Some of the members are
greatly exasperated against the trustees, but they

WILLIAM LIVINGSTON. 93

have better hearts than heads, and 'are browbeat
and nonplused by some of the house of better
capacity than themselves. But they are lately
inspired with much fortitude by the promise of a
foreign aid, which I believe will render them a
match for their antagonists. The act proposed
and every other requisite will be prepared to their
hands.

" With respect to my own transactions in this
matter, as I have not been without the thanks of
some, I have not wanted the malediction of others.
Those who were at the bottom of the partial plan
I opposed, and who thought it just on the point of
being carried into execution, when 1 published the
very scheme they had, not a fortnight before, abso-
lutely disowned from having in view, will never
forgive me ; as this effectually prevented all possi-
bility any longer to conceal their intentions of
monopolizing the management of the college, they
waxed exceeding wrath, and I repaid their anger by
laughing at their resentment. I am, &c.

"Wm. Livingston."

" TO THE rev. MR. NOAH WELLES.*

" New-York, October 18th, 1754.
" Dear Sir, i

" In relation to Mr. Nicoll's letter on the
subject of the charter for our intended college,

Noah Welles, a Presbyterian minister, whose name occurs
frequently in this volume, a classmate of Mr. liivingston, was

94 rilE LIFE OF

il our governor iiuide tljc declaration you men-
tioned, all that ! can infer from it is, lliat he
appears to be as great a master of the art of
tergiversation as the most consnmmate politician.
It is no longer ago than last Thursday night that
I conversed with him on that topic, and though he
then talked like a man who had a double part to
act, yet it a])ponrod to me tluit ]u\ intended I should
understand him as being resolved not to grant the
petition. But my hopes are in the House of
Representatives, and 1 am morally certain that the
college would gain nothing by the charter, as the
Assembly would never vote for the appropriating
the money to a college on that plan.

" The Dutch Church has preferred a petition to
the Assembly (now sitting), praying for a professor
of divinity in the college, to be chosen and ap-
pointed by them. Which petition, for the reasons
set forth in the same, I doubt not will be granted,
and will not fail of having a good effect even
should it be rejected. If it meets with success,
it will secure to the Dutch a Calvinistic pro-
fessor, and diminish that badge of distinction to
which the Episcopalians are so zealously aspiring.
Should it be rejected, as it will meet with opposi-
tion from the sticklers for a party college, that
will animate the Dutch against them, and convince

afterwards settled at Stamford, in Connecticut, and died on the
31st Dec. 1776, in the 57th year of his age. MS. letter to Gior.
Livingston.

WILLIAM LIVINGSTON. 95

them that all their pretences to sisterhood and
identity were fallacious and hypocritical.

Tp 9P tP tP tF

"I wish you joy on the nativity of another daugh-
ter, though our having so many of the sex, promises
not fair for many alliances by marriage.

" I am, &;c.

"Wm. Livingston."

A pamphlet was shortly afterwards published,
entitled " A brief Vindication of the Proceedings
of the Trustees, relating to the College, containing
a sufficient Answer to the late famous Protest,
with its twenty unanswerable reasons." The alle-
gations of this work, which charged Mr. Living-
ston, as secretary to the board of trustees, with
making false entries on their minutes, were denied
under oath by himself and Scott, and no proof
appears to have been produced in support of the
accusation.

The opposition was fruitless, and De Lancey,
though as it appears with some reluctance,*
granted the charter to the institution, under the
name of King's College, in'October following ; and
Mr. Livingston, in the vain hope, perhaps, of
silencing his opposition, was appointed one of the
governors under it.t It might have been sup-

* Vid. Smith.

t *' As I could not conscientiously take the oaths of office,'*
says Mr. Livingston (letter of 12th Jan. 1756), " I never frequented
their meetings."

96 rilK LIFK OF

j)Osed tlitit this measure would have terminated
tlie controvcr.sy, l)ul tlie question was, as we
shall see, soon afterwards revived in a somewhat
different shape.

It may be here added that twenty years subse-
quent to this peridd, the ardent declamation and
vehement invective of the Reflector furnished the
students of Princeton college subjects for their
exercises in elocution.* We ought also to notice,
what the tone and temper of the paper might lead
us to overlook, that it shows great acquaintance
with modern and ancient classical literature, and
contains a fund of polemical learning.

The following letter may be considered not alto-
gether without interest, and it is valuable as prov-
ing that while actively engaged in the stormy dis-
putes of the city, Mr. Livingston did not lose sight
of the general interests of the colony, which pre-
sented at this time a much more lowering aspect.

"• TO THE REV. DAVID THOMPSON, IN AMSTERDAM.

"October 28th, 1754.
"Rev. Sir,
" Your letter to Mr. Van Wyck was shown me by
one of his friends, and yours to Mr. Burr by a
brother of mine (Mr. Peter Van Brugh Living-
ston), who I think generally encloses his letters for
you to some of his correspondents at Amsterdam.
I am extremely obliged to you for the honourable
mention you are pleased to make of me in both

* MS. letter from Mr. Madison, 12th Feb. 1831.

WILLIAM LIVINGSTON. 97

these letters, which is vastly beyond any thing to
which I have the vanity to pretend, * * more espe-
cially the inclination which you intimate in the last
of the above mentioned letters of entering into a
correspondence with me, which I esteem a singular

honour.

* * * * * #

" As to our situation in respect of the French, it

is truly perilous and deplorable.

* * * * # #

" In attaching the Indian natives to their interest,
they (the French) spare no labour, no costs.
The lower sort of their people they allow pre-
miums to intermarry among them ; and encourage
others to teach their children to hunt and live
after the Indian fashion. By these means they are
early inured to toil and fatigue, learn all the wiles
which the Indians use in their .wars, and imbibe the
same savage and unrelenting disposition. In their
presents to the natives, the French are extremely
expensive, and at the same time fail not to awe
them with proper discipline.* The Indian castles
[towns] they fortify, and supply with missionaries,
who practise incredible arts to convert them to
popery. I shall only give you two instances of
these pious frauds to serve for an example. They
persuade these people that the Virgin Mary was
born at Paris, and that our Saviour was crucified

* " Notre nation," says Charlevoix, the Jesuit historian of Can-
ada, " est la seule qui ait eu le secret de gagner rafFection des
Americains."

98 I I IK LIFI. OF

at London by tlic Kii«^Hisli. A Freiicli liidiuii com-
ing to Oswego, and discoursing witli sonic ol" om
traders on the subject of the Romish faitli, insisted
on its beiuijr the true rehirion, seeinj; liis father
confessor could work miracles, for that he had
darkened the sun by a bare word of command.
* * * The superstitious rites and fantastic trum-
peries of popery are so agreeable to the natural
genius of the aborigines, who are Ibnd of a showy
and mechanical religion, that the llomish j)riests
are much more successful in Christianizing (or
rather papifying) them than the Protestant clergy.
1 must not on this occasion omit mentioning their
canonizing a s({uaw by the name of St. Catharine,
which piece of Jesuitical craft greatly endeared the
Romish faitli to tlie pagans, who by that means,
besides the common benefit of addressing their
prayers to the rest of the saints in the calendar,
obtained the supernumerary advantage of a par-
ticular advocate and intercessor of their own.

" I was last June at Albany at one of the most
famous Indian treaties that was ever held with
the Six Nations. Their speaker, a consummate
orator, told our governor and the commissioners
from the other provinces : — ' What reason have
we to expect you should protect us, when you ap-
pear careless about your own defenceless situa-
tion? Your frontiers lie open and exposed —
your forts are ruinous — your soldiers old and de-
crepit, and you act more like women than men.'

WILLIAM LIVINGSTON. 99

" At the treaty before mentioned, the several pro-
vinces concerted a plan for a general union, which
has since been transmitted to England for the rati-
fication of the parliament ; and which I hope, by the
Divine blessing, may enable us to repel the en-
croachments of an ambitious and barbarous foe.

" In the mean time be pleased, in the catalogue of
your most faithful friends and humble servants, to
rank

" Wm. Livingston."

In March of this year,* we find Mr. lavingston
engaged with his brother Philip, his brother-in-law

* This perhaps is the most appropriate place for introducing the
following details of the life of John Morko, an individual whose
name occurs on the journals of the Assembly of New- York dur-
ing the year 1754. (Journal for 14th and 2 1 st November.) They
are in nowise connected with my immediate subject, yet as I
have some original papers relating to this singular personage,
and as every new light thrown either upon the private or public
history of our colonial period is valuable, I may be excused for
inserting the substance of them in an episodial note.

Jens Morke, or John Morke, as his name is translated, a Dane
by nation, was born about the year 1690. He probably received
an education somewhat superior to his class, though his MSS.
show no great literary proficiency. The earliest document
among the papers to which I have referred is a certificate of
admeasurement, and license of enrolment for his ship the Sarah
and Elizabeth, from the commissioners of the revenue board of
Denmark, dated 14th Jan. 1717. Early in life he abandoned
his native country to pursue his calling, that of the sea, under
the British flag, entering probably the merchant service. Soon
afterwards he came to this country, and in 1724, being in Eng-
land, he received from the Duke of Hamilton and Brandon a

P^Q-O/I ^ |_

100 TTTF r.IFK OF

Mr. Alexander (afierwards Lord Stirling), Mr. Scott,
and* one or two others, in layintr the foundation of
a city library, the same that now bears the name

letter of attorney, in which he is called " John Morke, of Boston,
in New-England," authorizinff him to grant leases of a tract of land
sixty miles square, lying to the cast of Connecticut river, upon
Long-Island Sound, which had been conveyed by the council of
Plymoutli, in 1635, to the great grandfather of the Duke, James,
Marquis of Hamilton ; but which, owing to the civil wars, as the
power recites, had not been appropriated by him or his descend-
ants.

Under an agreement with the duke, by which he was to re-
ceive a salary of somewhat over 200/. per annum, Morke sailed
for New-England. Nothing apjiears, however, to have been ac-
complished for the benefit of his principal ; the Dane probably
finding some diflliculty in persuading the sturdy squatters of Con-
necticut to admit a claim which had lain dormant for three gene-
rations. In 1729 we find him pursuing his original vocation,
and plying as captain of a small sloop between Boston and
Albany.

In August, 1732, he sailed in his own brigantine, the Dolphin,
from Boston for Glasgow, and remained in or about England till
August, 1737, when, under an agreement with John Winthrop of
London, he returned to work a black-lead mine at Tanteasques,
New-England. Here he became embroiled with some of Win-
throp's agents, was maltreated, as he asserts, by Mrs. Winthrop,
and finally left the place, in about two years after his arrival, for
England. This is a specimen of his success in every thing he
commenced. He was evidently one of those unfortunate crea-
tures, who, owing to what fatalists call ill-luck, and others term
want of skill and tact, although endowed both with intellect and
activity, perpetually fail in every thing they undertake, and floun-
der on from enterprise to enterprise, till loss of fortune and repu-
tation is followed up by loss of life.

WILLIAM LIVINGSTON. 101

of the Society Library of New-York, and which is
at present a larger and more flourishing institution
than any in the country of so late a date, with the

I next find Morke, in January, 1740, entering into a formal
contract with one James Graham, wine merchant of Lambeth,
by which he binds himself, in consideration of the secret of extract-
ing silver from black-lead having been revealed to him by Graham,
to procure for the latter certain quantities of that commodity,
and never to disclose the process except on his death-bed. This
agreement seems completely to have unsettled the brain of the
unlucky captain, and the plans and schemes that remain among
his papers are among the most ludicrous offsprings of a vision-
ary mind.

In 1742, he submitted to the commissioners of the Navy-Board
the sketch of a mode of " Destroying or compelling the surren-
der of any fleet or number of enemy's ships, whether at sea or
in port." It appears to have been, however, but coldly received.
This was but the harbinger of an mtinity of schemes which
chased each other rapidly through his head ; the titles of a
few will convey some idea of his intellect. " Scheme of a float-
ing dock — Plan to cure butter — To cure leather — To crush the
French in America — To save men's lives who fall overboard — A
plough to make three furrows at once — Pipes to convey water — •
An expeditious mode of surveying — A mode of covering ships —
Of clearing land — To clean white gloves — To crush the Pre-
tender !"

So far as his motions can be traced, Morke remained in England,
memorializing the government, and tormenting the commissioners
of every department until 1753, when he made a short trip to
the North American colonies, returning in the course of the
same year. In April, 1754, he received a letter recommendatory
from the Marquis of Halifax to Governor Shirley (which may
however have been a Bellerophon-like epistle), and sailed for

* See Smith.

102 IHF. f,IFF, OF

sini^Io rxcoption oltlio J^oRton Athcnfcum. Instead
of boasting ovcr-mucli, Jiowcvcr, of its actual
condition, ouirlit wc not rather to ask wliy our
cstahlislnnont, in tlic licart of tlio American mc-
troj)olis, sliould yield even to the venerable collec-
tion of Harvard?

To this or the preceding year ])elonnrs an anec-
dote, whicli well illustrates the inflexibility of Mr.
Livingston's character, in all matters where truth
or consistency was involved. News reached New-
York, that a troop of comedians were coming
to the city, and the principal gentlemen of the
place, among whom was the subject of this me-
moir, taking the matter into consideration, came
to the conclusion that theatrical entertainments be-
longed to a class of luxuries injurious to the colony,

New-England — his illustrious patron no doubt overjoyed at
having despatched so troublesome an applicant. Shirley passed
him over to Delancey, and Morke was kindly received at New-
York by Kempe, then attorney-general. His scheme of a
floating battery was submitted to the Assembly, but the session
closed before any thing was done in his behalf. Disappointed,
but not disheartened, the captain proceeded in the following
spring to lay this his favourite plan before Dinwiddic, governor of
the colony of Virginia. He was here received with equal indif-
ference, and it was made manifest, in spite of the humane efforts
of John Blair, then a member of the Assembly, that nothing would
be done to assist him. This was the last mortification he was
destined to experience ; impoverished, enfeebled by a paralytic
attack, worn out in mind and body, this unfortunate visionary
died at Williamsburgh, on the 11th of .Tuly, 17.5.'). His papers
left with Kempe have furnished the materials of this sketch.

WILLIAM LIVINGSTON. 103

and which ought not to be patronized. They ac-
cordingly entered into a mutual agreement for them-
selves and their families, that in no case would they
attend the performances. When, however, the
actors arrived, and proved to be accomplished in
their vocation, the remonstrances of the officers
and attaches of the government became so loud,
and the entreaties of the young beauties so urgent,
that their united forces gradually vanquished the
opposition of the worthy burgesses, — till, one by
one withdrawing from the compact, Mr. Livingston
found himself alone in his opposition to the drama.
Neither fashion nor the entreaties of his daughters
could, however, make him depart from his resolu-
tion, and so long as the company remained, so
long were his family tantalized by the description
of pleasures which they were not allowed to enjoy.
The advocates of a sectarian college had, as we
have said, partially succeeded, but an act of the
Assembly now became necessary to transfer the
funds originally vested in trustees to the hands of the
new governors under the charter, and here again
they were met by their persevering opponents.
The project of a separate paper having failed, the
leaders of the liberal party, by dint of much per-
suasion (what more solid inducements does not
appear), prevailed upon Hugh Gaine, the editor of
the New-York Mercury, to admit their essays into
his columns, which had been hitherto monopo-
lized by the Episcopahans. The following letter
is connected with this subject.

101 Tin: I, IKK OF

*-'• TO MK. NOAH WKl.LK^j, STAMFORD, CONN.

" December 7lh, 1764.
'- Dear Sir,
" We have at length w ith great troul>Ie got Mr.
Gaine to enter into an agreement with us to allot
us the first part of his newspaper for the publica-
tion of our thoughts, which wc do under the name of
the Watch Tower. As this paper will be a kind of
medium between the Reflector and the Spectators,
which you told me you would be willing to assist
in, I should be extremely glad you would bear a
part in the compositions. Wc propose, indeed, to
write chiefly upon politics, and to open the eyes of
this province respecting many measures, the con-
cealment of which is the only thing that keeps
them from being defeated. But as our scheme is
very comprehensive, we shall have no objections
against now and then publishing a paper merely
speculative, though the greater the turn which can
be given to it to suit our circumstances, the better
it will be relished by the public. The affair of the
college is not yet settled. The governor has
passed a charter for a church-college, and the
Assembly voted to print a bill, which was brought
in by my brother, for a' free one, but whether it
will pass the House we know not. At the begin-
ning of the session we had a majority, but as the
governor interests himself warmly in the matter to
support his charter, some of our party began to
flag, for which reason we thought it most proper

WILLIAM LIVINGSTON. 105

not to run the risk of a vote, but to take it from
the committee, with a resolve to have it printed,
hoping that the pubhc, by comparing the charter
with the bill, will give the preference to the latter.
So that we intend to improve the time between
this and the next session, to keep the province
warm in so momentous an affair. The Dutch
begin to see, and the designs of our adversaries
give a more general umbrage than ever.

" As almost all the authors of the Watch Tower
are men of business, I hope you will not refuse us
your assistance, for we would by no means suffer a
week to slip without something, though we could
not always furnish a paper on our public contro-
versies. For if we once drop it, it may be diffi-
cult to get the printer in the same humour. He is
a fickle fellow, and easily intimidated by our oppo-
nents. However, we have entered into articles of
agreement, in writing, which we hope he will not
break through.

" I am. Sir, yours, &c.

" Wm. Livingston."

The first number of The Watch Tower ap-
peared on the 25th November, 1754. This series
of essays was, as had been the case with the Re-
flector, the production of various hands, superin-
tended by Mr. Livingston, and the greater part of
them, so far as can be determined by the style, were
communicated by him. They are not absolutely
confined to the subject of the college, and we find

106 THK LIFK or

papers on " Good Judfres" — " Tin; Encroachments
of tlie French" — " Tlie Liberty of the Press," and
various collateral topics.

The advocates of the cliartcr-collej^e, in the
mean time, as may be frathored from the foregoing
letter, met with earnest o})position in the Assem-
bly, and a disposition was shown by that body to
treat the question impartially upon its merits. The
petition of the trustees, and Mr. Livingston's protest,
were entered at large upon their journal, and a bill
drawn by Mr. Scott, for establishing an institution
uponbroader principles, was introduced bytherepfe-
sentative of the Livingston Manor. Neither party,
however, was desirous of bringing the question to
an immediate issue, and the House adjourned on the
7th December, 1754, without coming to a decision.
Mr. Scott's bill, in the mean time, was printed, and
circulated throughout the province, that the inhab-
itants might have an opportunity of comparing the
merits of the estabjished and the proposed institu-
tions. It is unnecessary to go more at length
into the details of this controversy, which every
day became more and more violent. The following
extract from the Mercury, for the 3d of February,
1755, will show the excited state of feeling on the
subject.

" The Watch Tower — No. XI.

" As I sat the other evening, smoking my pipe,
and ruminatmg in the elbow-chair on what would

WILLIAM LIVINGSTON. 107

probably be the situation of this province about
twenty years hence, should a certain faction suc-
ceed in their meditated encroachments on our Hb-
erties, I fell into a kind of methodical dream, which
disposed all my contemplations into the following
vision. Methought I saw one of the printer's boys
entering my room and delivering me a newspaper,
the reading of which made so strong an impres-
sion upon my mind, that I question whether I have
forgot a single article of its contents, and as nearly
as I can recollect it ran thus.

" The New-York Journal, No. 15, published by Authority.
6th February, 1775.

" Extract of a letter from a clergyman in the county of Albany
to his grace the Bishop of New- York : — ' I make no doubt but
by the blessing of God, and your lordship's rigorous measures,
we shall reduce this obstinate colony to the obedience of the
church. They are a stubborn, contumacious generation, and natu-
rally averse to prelacy. Hence the business of the tithes goes
much against the grain.' * * *

*' Extract from the votes and proceedings of the General Assem-
bly, in their last session : — ' The speaker left the chair, and
attended his excellency with the House ; and being returned, he
resumed the chair and reported to the House, that his excellency
in the presence of the Council and the members of the House,
had been pleased to give his assent to four acts passed this ses-
sion ; the titles whereof are as follows : An act for the better
ascertaining and the more easy recovery of tithes. — An act
against reading Calvinistical and other heretical books. — An
act to disable all dissenters from sitting in the General As-
sembly.' * * *

" Yesterday the Dutch performed Divine worship for the last
time, in the new Dutch church, the whole congregation consisting
of about 150 adults. It is said that Dominie Van Haaren, the

1U8

THE LIFE OF

minister, particularly bewailed tlio ruin of that once flourishing
congregation, and reminded them of their folly in having so long
been deluded by their enemies, after such repeated warnings of
their artful designs, of which, and some other unwarrantable
liberties, it is said the government will take suitable notice.

"On Wednesday last, the Reverend Mr. LambertusVanSchenk-
le, Dutch professor of divinity in the college of New-York,
was deposed from his oflice for saying in one of his lectures,
• That Christ is the supream head of the Christian church ;' and
in order to prevent the like heresy for the future, the governors of
the said college have passed a resolve that none but an Episcopa
lian be for the future promoted to the said professorship. • • •

u W."

The .')2d and last nnmbor of The Watch Tower
appeared in the Mercury, for the 17th November,
1755, while the application of the governors was
still pending. The last papers contain an address
to the new chief-magistrate, Sir Charles Hardy,
who had just arrived, going at length into a narra-
tive of all the facts connected with the charter, and
the measure then before the legislature. The
paper thus closes.

" As I had no other view in commencing writer
than barely to defend the public rights of that
society of which I am a member, it was always
my intention to discontinue the publication of my
weekly labours as soon as the safety of the cause
in which 1 was embarked would permit. The
apparent success my papers have met with in
removing the vulgar prejudices of some, and ex-
posing the latent injustice of others, rendered the
task dehghtful to me, in spite of all the calumny

WILLIAM LIVINGSTON. 109

of my enemies, or the power and interest of those
whose measures I had justly undertaken to oppose.

* * * That I have been vigilant in my
station, the event of my undertakings has suf-
ficiently evinced. The highest hopes of my an-
tagonists are entirely blasted, and our represent-
atives, ever tender of the liberty and privileges of
their constituents, have sufficiently demonstrated
their aversion to a party-college; and even its
most vigorous advocates have, in a manner, given
up the cause. No valuable end can therefore be
attained at present by the continuation of my
labours; for which reason I shall suspend them for
the future, reserving only my right of being heard
with candour and impartiality whenever the in-
terests of my country shall occasionally require
my appearance in print. In justice to my printer^
I must confess that he has promised me at all
times a place in his paper, and as often as the
conduct of an aspiring party renders it necessary
to expose their measures, I am determined to
sound the alarm, though I flatter myself that
bigotry will hide its head in shame under the ad-
ministration of Sir Charles Hardy."

Mr. Livingston thus speaks of the termination
of the work, in a note, dated 26th November, 1755,
to Dr. Lambertus De Ronde,* a minister of the

* This gentleman remained true to the cause, which at this
early date he had espoused. He quitted New- York in the
summer of 1775, and retired to New- Jersey, in very straitened
circumstances, where he was siill in 1780.

no THE LIFE OF

Dutch rliurch. Mr. Livingston at this time spoke
Latin imperfectly, l>ul w rote it w ith fluency. " Ami-
cus nost(>r invictusqui' ])ro re publica pu<:nator
(the W iitcii Tower), in ipso {etatis ac victoriarum
flore, septimane superiore diem clausit extremum.
Nee ahenis liostihbusque viribus interfectus est,
set! lubens et more triumphantium, memorque pa-
triae atque pristina? diirnitatis sure, pngnans vic-
torque a pra3ho deccssit. Hanc ob causam plus
nobis quam olim est otii. "

About this time various publications issued from
the colonial press, in support of the same cause.
Among other works, the trial of McKeemie, a
dissenting minister treated with great rigour, if not
oppression, under Lord Cornbury's administration,
was reprinted with a preface by Mr. Livingston;
and the Watch Tower itself was, I believe, re-
published in a collected form not long after it
ceased to appear periodically. The expenses of
these efforts to enlighten the public mind were
probably defrayed by a few persons, but seem not
to have borne hardlv on ciny individual.*

The result of this angry controversy was not so
gratifying to the dissenting party, as might be
gathered from the tone of their last publication.
The honors of success were divided with their
opponents. The governor, Hardy, is said to have

* I have a receipt from Hugh Gaine, dated 28th Nov., 1755,
for 15/., paid him as the proportion of Mr. Livingston and Mr.
Alexander, for printing the trial of McKeemie and the Watch
Tower.

WILLIAM LIVINGSTON. Ill

received the deputation, which presented him the
address of the editor of the Watch Tower with
some coolness, and to have been inchned to favour
the Episcopahans.* The subject remained, how-
ever, untouched until November, 1756, when a
bill was brought into the Assembly, vesting one
half of the funds held by the trustees, in the
governors of the charter college, and appropri-
ating the other moiety for the purposes of erecting
a jail and pest-house. It was introduced on the
27th of November, and approved on the first of the
next month. The rapidity with which so im-
portant and long-contested an act passed might
excite suspicion that some parhamentary stratagem
ensured its success, but no such language is used
by the opponents of the college in their subsequent
publications. They uniformly speak in language
of high self-gratulation of this partial victory, as
the triumph, although incomplete, of enlightened
and assiduous exertion over sectarian ambition,
backed by the influence of office ; and when we
reflect that these funds were raised with the ex-
press intention of devoting them to the college,
the diversion of any portion may justly be con-
sidered as a victory. The college was the greatest
suflferer by the controversy, and it is probably to
the opposition of influential men, so unwisely ex-
cited, that its tardy growth was owing, and that it
could liardly be said to have an existence as a

* Vid. Chandler's life of Dr. Johnson.

112 THE LIFF. OF

literary institution of the first class until after the
revolution.

^ On the 20tli Frbruary, 17.06, at the age of sixty-
six years, Mrs. Catharine Livin^rston, the mother
of tlic subject of those pages, died at New-York.
Little is known of her, save that she was remarkable
for her high temper, and for those simple iind thrifty
habits to which her Dutch pedigree entitled her.
It is somewhat surprising that we should not be
more proud of our partial descent from a nation
at one time so conspicuous in European history.
We are accustomed to speak of the unostentatious
and commercial habits of the Dutch settlers of
New-York in a tone which is rarely applied to the
citizens of the mother country. The, Holland
dynasty of New-Amsterdam was, it is true, short-
lived and disastrous ; but it would be curious
to inquire how far our opinions on this subject
have been influenced by Mr. Irving's mock history
of our city. Pretended facts have often proved
to be fiction, but this is the first time that ac-
knowledged fiction has been adopted as fact.
The exquisite satire is quoted as grave authority,
and the ludicrous images of Knickerbacker are
incorporated with our historical lore. The subject
is too comprehensive to be discussed in this place,
but 1 would recommend any who are tenacious of
their Dutch ancestry to some very liberal and
philosophical remarks, connected with this matter,
in Mr. Graham's History of the United States, a
work, the unfinished state of which is much to be
regretted.

WILLIAM LIVINGSTON. 113

CHAPTER IV.

Mr. Livingston publishes an Eulogy of the Rev. Aaron Burr —
Writes The Review of Military Operations in America — Verses
— Is returned to the Assembly in 1759 — Cause of Forsey and
Cunningham, 1764 — Publishes The Sentinel — The Stamp Act
— Controversy on the subject of an American Episcopate —
Mr, Livingston publishes a Letter to the Bishop of Llandaff
in 1767 — Letters to and from Dr. Samuel Cooper — Edits The
American Whig in 1768-69 — Publishes a Satire upon Lieut.
Governor Colden — The Moot.

The Reverend Aaron Burr, president of the col-
lege of New-Jersey, father of the former Vice-
President of the United States, died in September,
1757. He was a friend and correspondent of Mr.
Livingston, and an eulogy of him was published by
the latter immediately afterwards.* The chief
topics of the praise of the deceased are his love of
country, and the strong religious tone of his charac-

* The original title ran thus — A funeral Eulogium on the
Reverend Mr. Aaron Burr, late president of the college of New-
Jersey. By William Livingston, Esquire.

Of comfort no man speak.
Let's talk of graves and worms and epitaphs.
Make dust our paper, and with rainy eyes.
Write sorrow on the bosom of the earth.

Shakspeare.

Stat sua cuique dies, breve et irreparabile tempus :
Omnibus est vitse, sed famam extendere factis,
Hoc virtutis opus.

1 11 THK LIFE OF

tor. Tlio pnmplilot wns r('j)rinto(l in Boston the
subsequent vear, wliirli we imist ascrilx; to the re-
putation either of iIk- author or his subject. As
a proof of the lii«j:li mcritrt of Mr. 15nrr, it may still
be considered valuable, but as a hterary produc-
tion, it is not in anywise remarkable, and deserves
no particular notice.

In the same year, though a few months previous,
appeared a work by Mr. I..ivingston, which, con-
nected with subjects of more general interest tlian
his previous writings, obtained a much wider cir-
culation. It was first published at London, by
Dodsley, and the original title was as follows :
" A Review of the Military Operations in North
America from the commencement of French hos-
tilities, on the frontiers of Virginia in 1753, to the
surrender of Oswego, on the 14th of April, 1756,
interspersed with various observations, characters,
and anecdotes necessary to give light into the con-
duct of American transactions in general, and
more especially into the political management of
affairs in New- York, in a Letter to a Nobleman."

In this work Mr. Livingston is said,* I know not
on what authority, to have been assisted by Wil-
liam Smith and John Morine Scott. For the facts
which it contains, he was probably in a considera-
ble degree indebted to his brother-in-law, Mr. Alex-
ander, afterwards Lord Stirling, who was about
this time secretary to General Shirley ; and agree-

* Mass. Hist. Soc. Coll. vol. vii., where this pamphlet is re-
published.

WILLIAM LIVINGSTON. 115

ing, as he is known to have, with the two persons
first named in their views of the politics of the prov-
ince, it may be supposed that they took an inter-
est, perhaps an active one, in its composition and
progress, but the work as it now stands bears
strong marks of being the production of a single
hand. The internal evidence is indeed so com-
plete, that even without the author's assertions,
which are positive, 1 should consider it more prob-
able that it was written by any one of the three
already named, than by them conjointly.

To go at length into an analysis of this pam-
phlet, would require a much more complete ac-
count of the situation of New-York, at that period,
than belongs to the present work. It is sufficient
to say, that the colony was divided into two great
parties. The one, comprising the body of the
Episcopahans, headed by James De Lancey, was
at the time predominant in the Legislature.
Among the leaders of the opposition, which em-
braced a portion of the Dutch congregation, and
the mass of the English dissenters, the members
qf the Livingston family were perhaps the most
prominent. Close examination shows us that
these two factions contained the germ of the whig
and tory parties of the revolution. This can be
perceived more easily in the subsequent course of
the leaders, than in the opinions they at this early
period advocated. There were exceptions on both
sides, but a great majority of the De Lancey sec-
tion remained in New-York after 1776, under the

116 THE LIFE OF

protection of the Britisli. Oliver De Lancey was
made a brigadier-i^encral in the English ranks.
The Livingstons, on tlie contrary, with their friends,
almost to a man, took the oj)posite side in the
revolutionary, as they had in the colonial struggles.

Sir William Johnson, an adherent of the De
Lancey party, received a great share of the scanty
honours of the American camj)aigns of 1755 and
'56, while Shirley, during apart of "the time com-
mander in chief, and in some points of view a rival
of the lieutenant governor of New-York, became
very obnoxious to his faction. He was at least
mifortunate, and both at home and throughout the
colonies was made the object of severe censure
and invective.

The opposition in the province of New-York, by
whom Johnson w^as considered only a lucky subor-
dinate, and Shirley looked upon as a wise and brave,
though unfortunate man, stepped forward to support
the failing credit of the latter, and the pamphlet of
which we have just spoken was published with this
design. It is dated New-York, 20th September,
1756. The manuscript was first given to the press
in England through the hands of Mr. Alexander, and
the work was immediately afterwards reprinted in
the colonies. It is written with ability and per-
spicuity, and throws great light upon the colonial
politics of New-York. Allowance is however to
be made for its bitter attacks upon the character
of De Lancey, Pownal, and Johnson. It is cited by
Minot, in his History of Massachusetts, and has a

WILLIAM LIVINGSTON. 117

permanent place among those original authorities
which form the groundwork of our provincial
annals. Smith says of it, although his testimony
as that of an interested witness is perhaps to be
taken with some deductions, " No reply was ever
made to this pamphlet ; coming out when America
was little known, and transactions here still less,
it was universally read and talked of in London,
and worked consequences of private and public
utility. General Shirley emerged from a load of
obloquy. His extensive designs acquired advo-
cates; his successors became cautious and vigi-
lant ; party-spirit less assuming, and the multitude
so enlightened, that several changes were made
on the next dissolution."*

And now let us vary the dull record of political
and polemical controversy for a gentler theme.
The following lines by Mr. Livingston are without
date, but though they were probably written before
the period at which we have arrived, they find
their most appropriate place here. Although far
from faultless, they are graceful and poetical, and
would scarcely be supposed to flow from the
vehement and troubled source of the effusions we
have just examined.

Soon as I saw Eliza's blooming charms,

I long'd to clasp the fair one in my arms ;

Her ev'ry feature prov'd a pointed dart,

That pierc'd with pleasing pain my wounded heart :

• Ed. 1830, vol. u. p. 311.

118 riiF. Lin: of

And yet this beauty, (it transcends belief)
This blooming beauty is an arrant thief.
Attend ; her numerous thefts I will rehearse
In honest narrative and faithful verse.

From the briglit splendour of tlie noon-day sky
She stole the sparkling lustre of her eye.
Her cheeks, though lovely red, still more t' adorn,
She filch'd the blushes of tlie orient morn.
T' embalm her lips she robb'd the honey-dew ;

T' increase their bloom, the rose-bud of its hue.

• • • * •

Her voice, enchanting to the dullest ears,
She pillag'd from the musick of the spheres.
To make her neck still lovelier to the sight.
She robb'd the ermine of its spotless white.
From Virgil's Juno (Jove's fictitious mate).
She stole the queen-like and majestic gait.
Of all her charms she robb'd the Cyprian queen.
And still insatiate, stripp'd the Graces of their mien.

But now to perfect an harmonious whole.
With those internal charms that can't be stole.
Kind Heaven, without her thieving, took delight
To grant supernal grace, and inward light ;
To charms angelic, it vouchsafd t' impart
Angelic virtues and an angel heart.
Thus fair in form, embellish'd thus in mind,
All beauteous outward, inward all refin'd;
What could induce Eliza still to steal,
And make poor plunder'd me her theft to feel ?
For last she stole (if with ill-purpos'd art
I'll ne'er forgive the theft), she stole — my heart ;
Yes, yes, I will, if .she will but incline
To give me half of hers for all the whole of mine.

The Assembly of the colony of New- York, at
this period chosen septennially, was dissolved in

WILLIAM LIVINGSTON. 119

the latter part of the year 1758. The election
which ensued was unfavourable to the De Lancey
party. The college controversy had roused the
great body of the people, strenuous efforts were
made by the opposition to foster the excitement, and
they were completely successful. Mr. Livingston
was returned from his brother's manor, and three
others of the name were sent by different districts.
" From this time," says Smith,* " we shall dis-
tinguish the opposition under the name of the
Livingston party, though it did not always proceed
from motives approved by that family."

The Assembly was at this period, however, but
slightly tinctured Avith the spirit of faction. Great
Britain was engaged in a formidable war, which
pressed upon no part of her dominions so heavily
as on the northern colonies of America ; and the
hostile temper of their internal dissensions was ob-
literated in the general conviction that their united
efforts were demanded not merely to obtain victory,
but to preserve their existence. The colonial admin-
istration was too wary to create excitement by the
introduction of disputed topics, and the majority,
confident in their own strength, lent themselves
with alacrity to the measures of the government,
directed against the common enemy.

The new Assembly was called together in Feb-
ruary, 1759, and the answer of the House to the
message of the heutenant governor, congratulating

* Vol. ii. p. 331.

120 THE LIFK OF

them on tho reduction of Fort Dii Qnesne, and re-
commendin<5 various measures to be adopted with
reference to the war, seems to have been the pro-
duction of Mr. Livingston. On the 9th of February,
we find liim placed, with his brother Phihp and
others, on a committee appointed to concert a plan
of defence for the frontiers, and during the whole
period of his membership he appears to have been
actively engaged in his legislatorial duties. It is
unnecessary, however, to follow him through the
successive adjournments of this Assembly, which
was convened to do little more than pass bills for
the facilitation of the conduct of the war.

In July, 1760, the lieutenant governor, James De
Lancey, died suddenly, and the reins of office fell
into the hands of Cadwallader Colden, as president
of the Council. On the 22d of October, the new
chief-magistrate delivered his first speech to the
Assembly, congratulating them on the success
of his majesty's arms, which had now secured the
conquest of Canada, eflfected the preceding year.
" William Livingston," says Smith,* " penned the
address oflfered in these triumphant moments of
joy, and made the congratulatory echo louder than
the first sound."

The only remaining act of this Assembly which
it is necessary to notice, is the bill passed on
the 8th of November, 1760, authorizing Living-
ston and Smith to digest the laws passed subse-

♦ Vol. ii. p. 349.

WILLIAM LIVINGSTON. 121

quent to November, 1751. The task was accom-
plished, as has been already said, in 1762. At this
time the House was adjourned, and shortly after
by the death of George II. it was dissolved. The
next elections were still more favourable than the
preceding to the liberal party, but Mr. Livingston
now retired to the practice of his profession, leav-
ing the manor to be represented by his nephew.
This was his only connexion with a dehberative
assembly until the year 1774.

The dispersion of Mr. Livingston's correspond-
ence, to an extent which may be perhaps under-
stood when it is said that of all the letters writteji
to him before the revolution, scarcely fifty remain,
renders it necessary to rely for this portion of my
narrative, to a considerable degree, upon those
printed materials, which give the particulars of his
life so far as connected with public transactions;
and as at this time there occurred no matter of any
general interest, and he held no office, I am com-
pelled to leave an hiatus of nearly four years.

Towards the close of the year 1764, a contro-
versy of great interest to the colony grew up, which,
as Mr. Livingston took an active share in it, I may
be allowed to trace from the beginning.

An action brought by Thomas Forsey against
Waddell Cunningham for assault and battery, was
tried at the October term of the Supreme Court,
and a verdict found for the plaintiff with £1500
damages. A motion for a new trial on the ground
of excessive damages was denied.

122 THK LIFK OF

In this sta^c of the cause, there being, it ap-
pears, no pretence of error on the part of the court,
Robert R. Waddell. acting under a power of attor-
ney from the defendant, the counsel previously em-
ployed refusing to take any farther steps unknown
to the law, moved to enter an appeal to the gov-
ernor and Council, who exercised a well established
and familiar jurisdiction as a Court of Errors. The
judge disallowed the entry, saying he should not
object to a writ of error, but that he knew of no
appeal from the verdict of a jury.

The unprecedented application of Waddell,
which, had it been successful, must have gone far
to take the decision of facts from under the con-
trol of a jury, found more favour in the eyes of
Lieutenant-governor Colden, who, basing himself
upon the literal meaning of the word " appeal,"
as contained in one of the royal instructions,
granted an order to arrest all further proceedings
in the cause. The chief justice, Horsmanden, dis-
regarded the command, and perfected the judg-
ment ; but the clerk, daunted or embarrassed by
this novel writ, refused to seal the execution. The
lieutenant-governor now issued another instrument,
commanding a return of the record and proceed-
ings before himself in Council, " for the better ena-
bling the said governor and Council to determine
the matter of the said verdict."

This writ came before all the judges in turn, and
each with a most honourable firmness, refused to
allow any return to it whatever, and each delivered

WILLIAM LIVINGSTON. 123

his written opinion against the proceeding. These
documents, which were shortly after printed, lay
great stress on the unconstitutionality of this en-
deavour to set aside a verdict, and on the impossi-
bility of making any sufficient return of evidence.
It is not the first time that the chosen guardians of
the law have preserved their trust inviolate, and
that even the grasp of power has failed to soil the
purity of the judicial ermine.*

For the satisfaction of the Council, as it seems,
the opinions of the most eminent advocates of the
New-York bar were now taken. Mr. Livingston
delivered his against the course pursued by the
governor, in which Smith junior, Scott, Duane,
and John Tabor Kempe, attorney general (though
the last somewhat less explicitly) concurred.

Golden, still remaining of his original opinion,
urged the measure upon the Council on the grounds
that the appeal was warranted by the royal instruc-
tions ; that no writ of error could lie in the Ameri-
can colonies, because they were not parcel of the
realm of England, and that jury trials were often
an imperfect mode of arriving at truth.t The

* The names of the magistrates composing this bench should
be remembered. It consisted of Daniel Horsmanden, chief jus-
tice, and William Smith senior, David Jones, and Robert R. Liv-
ingston, puisne judges.

t These form the chief topics of Colden's argument, commu-
nicated to the Council with a request of secrecy. I have the origi-
nal MS. from the papers of John Watts, then a member of that
body.

121 THE liff: of

Council, liowevcr, upon a second petition addressed
immediately to tiicni. in January, 1765, unani-
mously refused to take any steps whatever. In
this position, the hands of both plaintiff and de-
fendant tied up, the matter rested fur some time.*
The mind of Mr. Livingston had, however, been
roused, and on the 2Hth of FebruJiry, 1765, he
commenced a scries of papers entitled " Thk Sen-
tinel,*'published in Holt's New-York Weekly Post-
Boy. He appears to have received some assist-
ance in their composition, and not improbably
from his former coadjutors. The first numbers

* At the instance of the lieutenant-governor, as may be safely
assumed, an order of the king in privy-council, dated the 26th
July, 1765, was obtained, which so far countenanced the appeal,
that the Council of New-York, in October following, gave their
assent to it. A writ framed like the preceding was immediately
issued, but the court, with a boldness and consistency which
deserve the highest credit, refused to allow any return to it,
declaring, as they had already done, that if a writ of error were
taken, they should put no obstacles in its way. On the 14lh De-
cember, 1765, the Assembly took up the matter, and entered a
report in full upon their journals, detailing the principal facts in
the cause, severely censuring the course adopted by the lieutenant-
governor, and passing great encomiums upon that of the judges.
I find no further traces of the matter, and it was probably aban-
doned. A report of this case appeared in a separate form while
it was pending. Another pamphlet was published in 1767, en-
tilled " The conduct of Cadwallader Golden, Esq., lieutenant-
governor of New-York, relating to the judges' commissions, ap-
peals to the king, and stamp-duty," in defence of his conduct.
The Assembly made every effort to discover the author without
success. See the proceedings of the House of 23d December,
1767, et seq. The pamphlet I have never met with.

WILLIAM LIVINGSTON. 125

are devoted exclusively to the legal questions aris-
ing out of Forsey's case ; but soon branching off,
he touches upon most of the prominent topics of
the day.

There is no number of these essays exclusively
devoted to the subject of the stamp-act, the oppo-
sition to v^^hich was now rapidly drawing to a
head ;* but we find more than enough to show how
fully the writer coincided with the wisest patriots
of the country, in his opposition to the principles
out of which that obnoxious measure grew.

The most striking of the Sentinels is entitled,
" A JYew Sermon to an Old Text^ The text is,
" Touch not mine anointed — " a sentence which
it is the drift of this homily to show had been alto-
gether misunderstood by previous commentators,
— and that not monarchs, but the people, are in
fact the favoured of Heaven. He then proceeds to
show in what " touching" the people consists, and
he proves conclusively that " the Lord's anointed"
must be very tenderly handled. It is a curious
paper, and forms one of the many proofs going to
show at how early a period the American mind
took that direction, which now for half a century
it has steadily maintained.

The twenty-eighth and last number of the Sen-
tinel was published on the 29th of August, and
its cessation, at that critical period, attracted

• The day fixed for the Stamp Act to go into operation was
the first of November, 1765.

1 20 THR LIFE OF

general attention. Whether it is simply to be
accounted for \)\ \ho engrossing calls of his pro-
fession, or that the violent character which the
opposition to the ministerial schemes about this
time assumed, threw the conduct of the party
into the hands of more vehement and daring
spirits, it is now impossible to ascertain. — Perhaps
the followin<r para<,rruph, written in 17(38,* well
expresses the feelings with which Mr. Livingston
regarded the then state of public opinion. " I
could not look on the late tumults and commo-
tions occasioned by the unhappy Stamp Act,
without the most tender concern, knowing the
consequences ever to be dreaded, of a rupture
between the mother country and these plantations,
which is an event never to be desired by those
who are true friends to either." We shall see at
a later period, that it required the ten years of
ministerial mismanagement and oppression, com-
pletely to uproot his colonial prejudices and early
affections in favour of the English government,
and to enable him to lay hold of the plough,
without casting a glance behind.

In the fragment of auto-biography, written by
Arthur Lee,t there occurs a striking proof how
widely the reputation of Mr. Livingston as a firm
and consistent whig, was spreading throughout
the country. Mr. Lee, in 1766, when about to

• American Whig, No. 42. It does not purport, on its face,
however, to be written by Mr. Livingston.

t Contained in his hfe by R. H. Lee, Esq., vol. i.

WILLIAM LIVINGSTON. 127

return to England, with that energetic ardour
which has connected his name so indissolubly with
our early history, made a tour through the colonies
north of Virginia for the purpose of establishing
correspondences, as he says, with leading patriots
in each colony. " Together with Dulany and
Dickinson," he continues, " 1 had in contemplation
the leader of the Livingston party in New-York,
who is at present governor of New-Jersey." The
meeting did not take place, Mr. Livingston being
in the neighbouring province, where he had been
called by the death of a favourite son (Philip
French) about nine years old, with whose educa-
tion he had taken great personal pains, who was
drowned in the Hackensack.

In the year 1767, the sectarian jealousy which
prevailed, as we have already seen, in New-York,
and the seeds of which, from various sources we
learn, were widely sown throughout the colonies,*
was roused to a great and general excitement.
As this is a subject which, if not treated in an
impartial and liberal frame of mind, might even
at this late day awake those feelings which are
prejudicial to the best interests of religion, I cannot
better introduce the subject than by quoting the
dignified language of a venerable divine belonging
to the church, of the opposition to which at an
early period of our history 1 am now to speak.

* Tudor's Otis, chap. x. Wirt's Henry. Ramsay's Am.
Revolution, vol. i.

128 THK LIFK OF

" In regard to the motives of the parties in the
dispute," says Bishop White, when speaking of
the angry dissensions on the subject of the es-
tabhshmcnt of an episcopate in the colonies,
"there are circumstances wliich cliarity may apply
to the most favoural)le conclusions. As the Epis-
copal clergy disclaimed the designs .nid the ex-
pectations of which they were accused, and as the
same was done by their advocates on the other
side of the water, particularly by the principal of
them, the great and good Archbishop Seeker, they
ought to be supposed to have had in view an
episcopacy purely religious. On the other hand,
as their opponents laid aside their resistance of
the religious part of it, as soon as American in-
dependence had done away all political danger, if
it before existed, it ought to be beheved that in
their former professed apprehensions they were
sincere."*

The British Society for the Propagation of the
Gospel in Foreign Parts, a body possessed of large
funds, and dignified by great names on the list of
its members and patrons, was incorporated in
1701. Among its various efforts to disseminate
religion through the colonies, many of which were
marked by a benevolent and generous spirit, this
society had always cherished, as a favourite
scheme, the establishment of an American epis-
copate. As early as 1714, an order is said to have

* Mem. of the Prot. Epis. Ch. in the U. S., Phil. 1820.

WILLIAM LIVINGSTON. 129

been obtained from Queen Anne, who favoured
the project, for the draught of a bill to be laid
before parliament to this end. The death of that
princess put a stop to the measure, and for a
long time afterwards it appears not to have been
thought of.*

But the jealousy of the dissenting colonists was
fully awakened. Their ancestors had suffered too
much from the incorporation of the civil and
religious power, that they should see with in-
difference the aggrandizement of a sect already
befriended to an unequal degree by their brethren
at home. With a wise forecast, they resolved
to withstand what might even have the semblance
of an encroachment upon their religious rights,
and to prevent the possibility, however remote,
and however little desired by the Episcopalians
themselves, of any combination of the church and
the state. The injustice done to the Presbyterians
in New- York under Lord Cornbury, the violent
pamphlet warfare carried on in Massachusetts, in
1763 and '64, and similar occurrences in most of
the colonies, together with the recent civil causes
of excitement, had quickened to the utmost their
natural sensibility, and they were prepared to take
the alarm on the first motion of the Episcopahans.
To all these causes was added a new one by
the rejection of the petition of the Presbyterian

* Chandler's Appeal, sect. v. See also Mr. Greenwood's
History of King's Chapel,

i."iO THK LIFK OF

Cliurcli of New-York for ji charter of" incorpora-
tion in Au^^ust, 17G7.

Wliilc mutters were in tliis state, tlie project for
establisliin*^ an episcopate in America was most
unwisely revived. On tlie 'iOtli February, 1767,
Dr. Ewer. Lord Bishop of Llaiidall*,* preached
before the Society for the Propagation of the
Gospel, a sermon, of which the object was to
recommend this scheme. The subject, sufficiently
obnoxious in itself, was rendered more so by the
manner in which it was treated. A single extract
will give an idea of the character of this discourse.
Of the early colonists, the prelate says (page .5),
" Upon the adventurers themselves what reproach
could be cast heavier than theji deserved ? who,
with their native soil, abandoned their native
manners and religion, and ere long were found in
many parts living w ithout remembrance or know-
ledge of God, without any divine worship, in
dissolute wickedness, and the most brutal profli-
gacy of manners. Instead of civilizing and con-
verting barbarous infidels, as they undertook to do,
they became themselves infidels and barbarians."
Starting with these premises, the dignitary not
unnaturally drew the conclusion, that the only
remedy for these manifold evils was to be found
in a church establishment.

Poinding themselves thus supported at home, the

• This prelate, subsequently translated to the see of Bangor,
died about the year 1774.

WILLIAM LIVINGSTON. 131-

colonial clergy were not backward in urging their
claims. A convention of the ministry of New-
York and New-Jersey was held shortly after this,
and petitions were laid by them before his majesty,
the Archbishop of Canterbury, and the University
of Cambridge, urging the propriety of sending
bishops to America. At the request of the same
body, Dr. Thomas Bradbury Chandler, Rector
of the church of Elizabethtown, in New-Jersey,
published in the summer of the same year " An
Appeal to the Public in behalf of the Church of
England in America." This pamphlet, a heavy
but mild and decorous production, is a laboured
argument, not only in favour of the particular
scheme in question, but of the Episcopalian system
generally. The reasons chiefly relied upon in
favour of the former, are drawn from the want of
a regular government in the colonial church, and
the inconvenience attending confirmation and or-
dination; to obtain the latter, the young clergy
being obliged to go to the mother country. The
work also contains several sections going to show
that the episcopate prayed for was purely religious,
and could have no improper connexion with the
civil power.

The dissenters were now fairly aroused, and
Dr. Charles Chauncey, of Boston, first took the
field (December, 1767), in " A Letter to a Friend,
containing remarks upon certain passages in the
Bishop of Llandaff^'s Sermon, &c." The inex-
pediency of any establishment of religion by law,

132 THE LIFE OF

the grounds for apprf^licnsion lest the vast and
oppret^sive system ol tithes, spiritual courts, and
the canon law, should accompany or follow the
colonial prelates, furnished ready and poj)ular
topics of reply as well to Ewer as to Chandler.
At the same time it was freely admitted by the
dissenters, that no objection could be had to the
introduction of bishops unattended by any tem-
poral power or dignity. But they destroyed the
effect of their admission, by maintaining that it
could not be safe to trust the encroaching dispo-
sition of a church which at home had distinguished
itself for intolerance and oppression.

Mr. Livingston was the next to enter the lists ;
in the early part of 1768, he published " A
Letter to the Right Reverend father in God, John
Lord Bishop of Llandaff, occasioned by some pas-
sages in his lordship's sermon on the 20th of Feb-
ruary, 1767, in which the American colonies are
loaded with great and undeserved reproach." In
this pamphlet the author does not touch upon the
merits of the proposed establishment, but confines
himself to the refutation of the charges against
the morals and cultivation of the colonies, which
indeed formed the corner-stone of the argument.
The task was not a difficult one, and it is executed
with spirit and ability. The tone adopted towards
the bishop is perhaps as respectful as the occasion
warranted ; it is one of sarcastic indignation and
contempt — indignation aroused by an unjust and
illiberal attack, and contempt awakened by the

WILLIAM LIVINGSTON. 133

ignorance of the assailant. The following extract
may be found interesting from its connexion with
political topics, and from its similarity to the cele-
brated speech of Barre.

" Your lordship proceeds, ' A scandalous ne-
glect (to wit, this of not making provision for
ministers), which hath brought great and de-
served reproach both on the adventurers and on
the government whence they went, and under
whose protection and power they still remained in
their new habitations.' To convince your lordship
by an induction of particulars, that these colonies
have of late indeed felt the power of the country
whence they emigrated, would oblige me to pro-
tract this letter to an inexcusable length. A great
part of that august assembly, the British parlia-
ment, and his majesty's ministers in particular, have
exhibited recent proofs by removing some of our
complaints against an undue exertion of power,
that it had made us feel but too great a proportion
of it. I am sorry, my lord, that so few of the right
reverend bench concurred with them in sentiment.
But with respect to the protection which the
mother country hath afforded us, your lordship has
no reason to triumph. Many of the colonies were
not only settled without her protection, but by rea-
son of her persecution and intolerance. The emi-
grants fled from her into the wilds of America, to
find an asylum from those usurpations over the
consciences of men which she so wantonly exer-

I'M riir. MFF. OF

cised, after Imvinjr forsaken liouscs and lands, and
the most t(>n(irr roiinoxions. with ov(tv tiling dear
and estinjal)lo anioii;,^ liunian-kind, for tlie undis-
turbed fruition of the rights of private judgment.
* * * A character this, my lord, that will, in the
opinion of all impartial men, make a brighter
figure in history than can possibly be acquired by
haranguing on the excellence of Christianity from
the downy couch of security and ease, or recom-
mending the propagation of it among the pagans,
the orator the meanwhile remaining at the salu-
tary distance of three thousand miles from the
scene of action." * * *

The letter closes thus.

" With this, my lord, I shall humbly take my leave,
hoping that for the sake of truth and the cause of
religion, — especially remembering how greatly your
lordship has been deceived in the present case, —
you will be so gracious for the future, in whatever
concerns the American colonies, as to require the
highest evidence of which the nature of the thing
is capable. And heartily Avishing, my lord, (it
being easy to see for what purpose this kind of
misinformations are calculated), that your lordship
may be so successful, and so thoroughly satisfied
in the discharge of your episcopal function within
the limits of your present diocess, as never to
think it your duty to exchange the see of Llandaff
for an American bishopric.

" I am, my lord, kc. &c."

WILLIAM LIVINGSTON. 135

This pamphlet was immediately republished in
London, and excited much attention ; nor was the
author's reputation less increased in his native
country. On the 21st of June, 1768, he received
from the consociated churches of the colony of
Connecticut, assembled at Coventry, a vote of
thanks " for vindicating the New-England churches
and plantations against the injurious reflections in
the Bishop of LlandalT's sermon." This compli-
ment was parodied by one of the opposite party in
some thirty or forty lines, entitled " A Reviving Cor-
dial for a fainting Hero." They close thus —

*' March on, brave Will, and rear our Babel
On language so unanswerable.
Give church and state a hearty thump,
And knock down truth with falsehoods plump ;
So flat shall fall their churches' fair stones,
Felled by another Praise God Barebones,
Signed with consent of all the tribe.
By No — h W — s, our fasting scribe."*

Mr. Jjivingston's " Letter" drew forth an answer
entitled " A Vindication of the Bishop of Llandaff 's
Sermon, &c." the part-authorship of which was
ascribed to the Reverend Charles Inglis. It is not
my intention, however, to give any thing more than
a general outhne of this discussion. All the pam-
phlets must be read and examined to obtain a cor-
rect idea of the colonial history of the day. The

* Mr. Livingston's friend Noah Welles was the scribe or
secretary of the convention.

136 thf: lifk of

followinjT letters which passed between Dr. Samuel
Cooper, of Boston,* and tlie subject of tliis me-
moir may serve perhaj)s to give a more lively if
not more correct impression of the private feelings
of those opposed to the Episcopalian schemes. It
was about this time that, when one of his daughters
came to Mr. Livingston for money to buy a cloak
then called a cardinal — •• What," he exclaimed,
with a smile, " a Presbyterian want a 'cardinal!"

" TO THE REV. MR. SAMUEL COOPER.

» New-York, 26th March, 1768.
" Dear Sir,
" I am glad to hear that Dr. Chauncey has un-
dertaken an answer to Dr. Chandler's Appeal. As
the latter began already to construe our silence on
the subject into an acquiescence in his project, it
is high time the appeal was answered. But though
your venerable brother may strip our Episcopalian
champion of his triumphal trappings, I think it can-
not have the same salutary effect towards defeating
the scheme at home as a course of weekly papers
inserted in the public prints. These are almost
universally read, and from the greater latitude one
may there give himself, will prove more effectual
in alarming the colonies. For I take it that
clamour is at present our best policy, and that if

* For some interesting notices of this eminent clergyman, see
the Life of James Otis. The execution of that agreeable work
adds all the lovers of American history to the long list of those
who lament the death of Mr. Tudor.

WILLIAM LIVINGSTON. 137

the country can be animated against it, our superiors
at home will not easily be induced to grant so ar-
rogant a claim, at the expense of the public tran-
quillity. With this view a few of your friends here
have lately begun a paper under the name of the
American Whig, which they purpose to carry on
till it has * * * an universal alarm. A number
of gentlemen will shortly open the ball in Phila-
delphia. I should be glad the same measure was
pursued in Boston. * * * Without some such
opposition, I am apprehensive the ministry may be
prevailed upon to gratify the lawn-sleeves by way
of recompense for so often voting against their
consciences for the court.

" As this country is good enough for me, and I
have no notion of removing to Scotland, whence
my ancestors were banished by this set of men, 1
cannot without terror reflect on a bishop's setting
his foot on this continent. Pray, my dear sir, be-
stir yourself at this critical juncture, and help us
to ward off this ecclesiastical stamp-act, which, if
submitted to, will at length grind us to powder.

" I beg your acceptance of the enclosed (the let-
ter to the Bishop of Llandaff*), which 1 wrote out
of real affection for the New-England colonies, and
a sincere regard for truth. Dr. Chauncey had, 'tis
true, so fully refuted the bishop's calumnies that
any thing further might well have been dispensed
with. But 1 thought he had treated that haughty
prelate rather too tenderly, and that he deserved a
httle severer correction. * * *

138 THE LIFE OF

"I must, dear sir, repeat my earnest solicitations
that you exert yourself in this interesting cause.
We are debtors to our country — debtors to pos-
terity— but, above all, debtors to Him who will not
suflcr a competitor in the supremacy of the
church. * * *

" I am, dear sir,
" Your most affectionate friend, and humble serv't.

" WiL. Livingston."

" TO MR. WILLIAM LIVINGSTON.

"Boston, 18th April, 1768.
" Dear Sir,
" 1 intended to have wrote you largely, but Miss
Bradford, the lady who is so kind as to take the
charge of my packet, setting out sooner than 1 ex-
pected, I have only time to acknowledge the receipt
of your very friendly letter and the pamphlet that
accompanied it, for which 1 return you my warm
thanks. 1 was highly pleased when I found you
engaged in this pubhc service, by the advertise-
ment of your letter in the New-York paper, and
have been more so in reading it. The whole is
clear and animated, and the New-England colo-
nies are much indebted to you for so handsome a
vindication. I * * for the Bishop of Llandaff, and
wonder the missionaries do not blush for them-
selves, when it so clearly appears that by their
false * * and gross misrepresentations, they have
so greatly abused their superiors, and led them to
expose themselves to all the * *. You have treated

WILLIAM LIVINGSTON. 139

his lordship 'as 1 have wished to see him treated
upon this occasion — not indecently, but with spirit
and a manly freedom. * * *

" You are not alone in your opinion of Doctor
Chauncey's performance. The Doctor, however,
deserves well. His heart is engaged in the cause,
and he has a clear head. * * *

" I have been much entertained with what I
have read of the American Whig, and am glad to
find our friends at New-York exerting themselves
in this important controversy with so much spirit,
and to so good effect : your plan and the execu-
tion of it, so far as I have seen, is well adapted to
rouse and awaken ; the alarm spreads, and I hope
will be soon universal. There are but few of the
laity of the Church of England among us who
really wish to see a bishop in America, and the
ministry must be infatuated to introduce a new
ecclesiastical power here, at such a distance from
the check of the throne ; a power that the * * *
authority has always found so hard to control and
keep within bounds, not easily attempered to the
original constitution of any of the colonies, and
directly opposite to some of them ; a power that
must unavoidably create confusion among them,
and greatly heighten the difficulties attendinjr the
administration of them already. Chandler and
the Episcopal clergy are utterly mistaken in think-
ing the present a favourable season for opening
their plan ; they could not have hit upon one more
unpromising to their cause ; and * * * myself that

110 THE LIFE OF

the appcnl, contrary to the design of its author
and friends, will liavo sonio happy influence towards
establishing civil and religious liberty in the colo-
nies. How it is with you I cannot say, but among
us, I think 1 can already discern some such eflfect.
"The American Whig, could it be published in
our papers, considering what Dr. Chauncey has
wrote, would render such a work among ourselves
altogether unnecessary. But this, though the
printers are ready to do it, and many eagerly
desirous of it, cannot be obtained. Mr. Parker,
who I am told has the control of the post-office,
has given his mandate against it, and threatened
our printers that if they presume to publish any
part of that paper, they shall have nothing con-
veyed to them by the post, without paying the
postage. This appears to me a very extraordinary
measure ; and discovers, with a witness, what our
poor America is likely more and more to feel,
the insolence of office. This has disgusted people
here, and will disappoint his design of enlarg-
ing the number of his subscribers among us.

♦ "I am, sir,

" With much aflfection and esteem,
« Your obedient humble servant,

" Sam'l. Cooper."

A letter written about this time to Mr. Living-
ston shows the extended reputation he was
gradually acquiring. The writer is, 1 beheve, the

WILLIAM LIVINGSTON. 141

father of the more notorious Brigadier Timothy
Ruggles.

• » Guilford, Mass. January 21st, 1768.

" Sir,

« I shall make no other apology for my giving
you the trouble of the enclosed, than an appeal to
your goodness and animated friendship to your
country, which I am no stranger unto, although I
am to you as to personal acquaintance.

" The enclosed are some of my employment in
my winter leisure hours, which I would improve to
some advantage.

" The good of my country is a thing my mind is
warmly solicitous for. And as I judge the plough
is the prime and principal instrument and source
of all the riches and prosperity of the country, my
desires are warm to let husbandry, that ancient
and honourable employment, flourish.

" I have therefore presumed to use that part of
freedom in friendship to send you my thoughts
upon that important subject, as it is adapted to,
and necessary for these chmates. My desire is
that if you can read them, you would be so good
as to peruse them, and send me your friendly
thoughts upon them with freedom and without
reserve.

" If there should be any thing worth while in
your judgment, you may show them to some
judicious friend or two; but please to conceal my
name.

142 THE LIFE OF

" When yoii have perused them, I should be
much ohhged to you if witli your tlioughts you
would return them to me, by the channel of Mr.
Rodgers, safely ; by whom they are conveyed to
you. At present 1 shall give you no other trouble
than to assure you that 1 am one of your sincere
friends and admirers, in the greatest sincerity.

"Thomas Ruggles."

In the mean time the weekly essayists had
commenced their labours. On the 14th March,
1768, the first number of The American Whig
made its appearance in the New-York Gazette,
published by Parker. In the course of the same
month the opponents of the American episcopate
in Philadelphia opened their battery in the Penn-
sylvania Journal, under the title of the Centinel.
Their adversaries were not backward to return
the fire, and Number I. of " The Whip for the
American Whig, by Timothy Tickle," was begun
in Gaine's New-York Gazette, of the 4th April.
This again called into the field an advocate of the
liberal party, who headed his effusions, published
in Parker's Gazette, by the discourteous title of
" A Kick for the Whipper."

After the same manner was the angry contro-
versy carried on in the Pennsylvania papers, under
the various names of Anti-CentineU »^natomt^t, and
Remonstrant ; Dickinson, as it is said, lending his
aid to the liberal side. Jeremiah Leaming, a
missionary of the British Society at Norwalk, and

WILLIAM LIVINGSTON. 143

Noah Welles, already often spoken of, maintained
the warfare in Connecticut. The question be-
came of great interest, and the political history
of most of the colonies bear marks of the ex-
citement on this subject.* The writer of the
essays in the Boston Gazette, which had been
pubhshed a short time previous, on the sub-
ject of the canon and feudal law, now well
known to be Mr. Adams, again took up his pen,
to denounce what he deemed so palpable an effort
to introduce the spiritual code; Massachusetts
instructed her agent Deberdt to withstand the
scheme at home, and Wilkes, in his North Briton,
exposed and reprobated the measure.

The excitement of the provinces on this subject
would have left yet more vivid traces of its effects,
had it not been comparatively swallowed up in the*
civil commotions that followed ; at the same time,
it is impossible rightly to understand our ante-revo-

• The following anecdote, for which I am indebted to an eye-
witness, illustrates the state of feeling in New-Jersey. About
the time at which we have arrived in the text, John Hart, after-
wards a signer of the Declaration of Independence, ran for the
Assembly, against Samuel Tucker, in 1776 President of the
Provincial Congress. The former was supported by the Presby-
terians, the latter by the Episcopalians, together with the
Methodists and Baptists. During the two first days of the
election Hart was ahead, but on the third, one Judge Brae,
coming up with a strong reserve of Church-of-England-men,
secured Tucker's return. A wag observed that the judge was
not unlike the Witch of Endor, for it was clear he had raised
Samuel.

1 1 1 THE LIFE OF

lutionarv historv, unless wc keep fully in our minds
the extent to wliiclilho political and religious discus-
sions were interwoven. The jealousy of the dissent-
ers had its rise in the foundation of the colonial set-
tlements. Tlie encroaching disposition manifested
by a portion of the Episcoj)alians grew out of the
establishment of the mother country. Neither
feeling was diminished until after the revolution,
both parties found that they had nothing to hope
or fear, from the interference of a government,
wise enough to take counsel and warning from the
errors of those which had preceded it.

It would be improper to go more at large into
the discussion on the subject of the American
episcopate, than has been already done ; and with
a few closing remarks, the reader's attention will be
called to other topics. Mr. Livingston is recog-
nised as the editor of the Whig in the contempo-
rary publications, and he is understood to have
been assisted by Dr. Archibald Laidlie, the first
clergyman of the Dutch church who officiated in
the English language, and by his former fellow-
labourers, Smith and Scott. Dr. John Rodgers of
the Presbyterian church also thought, if he did
not act, with him in the matter.* The most
prominent of his opponents were, as we have said,
Chandler, Samuel Seabury, at this time rector of

* Vid. Dr. Miller's Life of Rodgers, p. 192. Dr. Miller sup-
poses the late Dr. Mason to have been also engaged in this con-
troversy ; but as 1 have not met with any allusion to his name in
the writings of the day, his name is omitted in the text.

WILLIAM LIVINGSTON. 149

the parish of Westchester, and after the revolution
bishop of the diocess of Connecticut, together
with the Reverend Charles Inghs. It may be worth
mentioning, that some of these essays were written
in Dutch, for the purpose of producing a more im-
mediate effect upon that considerable portion
of the New-York population, which then still
adhered to the original language.

Nearly all these papers are strictly confined
to the immediate subject of controversy. Their
tone is frequently violent, or it might now be
considered coarse, but they are interspersed with
passages full of eloquence, and marked by a wide
range of thought, interesting also as connected
with those great topics with which the pages of
our short but eventful history are so amply laden.

The following extract from the fifth No. of the
Whig, which may, I think, be attributed to Mr. Liv-
ingston, indicates a spirit nearly akin to prophecy.

" The day dawns in which the foundation of this
mighty empire is to be laid, by the establishment
of a regular American constitution. . All that has
hitherto been done, seems to be httle besides the
collection of materials for the construction of this
glorious fabric. 'Tis time to put them together.
The transfer of the European part of the great
family is so swift, and our growth so vast, that be-
fore seven years roll over our heads, the first stone
must be laid. Peace or war, famine or plenty,
poverty or affluence, in a word, no circumstance,

116 THE LIFF. OF

whether prosperous or adverse, can liappen to our
parent, nay, no conduct of hers, wlietlier wise or
imprudent ; no possible temj)er on her part, will
put a stop to this building. * * * What an era is
this to America! and how loud the call to vigi-
lance and activity ! As we conduct, so will it fare
with us and our children."

The forty-sixth and last number of the American
Whig appeared on the 23d January, 1769. The
violence of the controversy gradually abated; the
fears of the dissenters were calmed by the evident
reluctance of the English government to gratify
the wishes of the Episcopalians, and all differences
of sect had begun to disappear in the opposition
now forming against the civil oppression of the
mother country.*

It appears by a hand-bill, preserved in the City
Library, of the 3d January, 1769, that about this
time, on the eve of the election of members of
Assembly, held in February of this year, Mr. Liv-
ingston, with other leaders of his party, addressed
a letter to James De Lancey and Jacob Walton,
two of their most prominent opponents, in which,
after deploring the past religious dissensions, and
deprecating a continuation of them, they propose a
union of the two parties for the time, and the nomi-

* The principal essays on both sides of this question were re-
published shortly after they appeared, in two volumes, forming a
very valuable collection, which throws much light upon the polit-
ical, no less than the religious history of the period.

WILLIAM LIVINGSTON. 147

nation of a joint ticket. The wary Episcopalians
rejected the offer. The election proved highly
unfavourable to the Livingston party, and the De
Lancey or high prerogative faction regained that
ascendancy in the Assembly which they had not en-
joyed for ten years. John Cruger, chosen speaker,
James De Lancey, Jacob Walton, and James
Jauncey, were the successful candidates. Their
opponents, Philip and Peter Van Brugh Livingston,
John Morine Scott and Theodorus Van Wyck,
were defeated by a decisive majority. Fifteen
hundred votes were polled, of which the high
church party had 900. It was this Assembly
which so much retarded the first steps of the
revolution in New-York.*

The following extract of a letter from Dr. Rod-
gere to Mr. Livingston, written shortly before the
death of the latter, is sufficient to show that his
interest in the prosperity of his church was not
confined to the labours of his pen. The loan of
which the writer speaks was made in 1768.

"New- York, 3d Feb., 1789.
" Dear Sir,
" This acknowledges the receipt of your kind
favour of the 22d of Dec. For my own part, 1
am deeply sensible of the generous aid you gave
in building our new church. Your subscription
(£100) towards it was truly liberal, and among the

• Vid. The Waichman in N. Y. Journal for 12th April, 1770.

148 THE LIFE OF

first for the purpose, besides your assistance in
other ways in carrvinL'' on the buiUlinj^. no less
important for accoinphshni<i tl»e end; and tlie loan
you now call for the payment of was not less
generous than your first subscription. The tenor
of those loans was for seven years free of interest,
and then to bear interest till paid. Your kindness,
in offering to give up half the interest due, ought
to have its weight in hastening the payment of
the debt, and no doubt will.

" I am, &c.

"John Rodgers."

The following playful letter, written to his son,
at this time at school in New-Jersey, and probably
belonging to the year 1768, contains an allusion
to the perpetually-recurring subject of the college
controversy.

"New- York, July 15.
" Dear Billy,
"I just received your letter of the 14th instant,
and perceive that by your studying Lucian, who
treats much about ghosts, you have your head so
filled with the idea of ghosts as even to dream
about them. Among other ghosts that may, dur-
ing the hours of sleep, present themselves to your
imagination, I would have you be very complaisant
(in case they should vouchsafe you a visit), to
those of the first and second Brutus, of Mr. Wal-
lace, of Algernon Sidney and John Hamden; but

WILLIAM LIVINGSTON. 149

if the spectre of any of the Stewart family, or of
any tyrant whatsoever should obtrude itself on
your fancy, offer it not so much as a pipe of
tobacco ; but show its royal or imperial spectrality
the door, with a frank declaration that your prin-
ciples will not suffer you to keep company even
with the shadow of Arbitrary Power. * * *

" You are very severe on our famous New- York
College. * * * The partial, bigoted, and iniqui-
tous plan upon which it was constructed deserved
the opposition of every friend of civil and religious
liberty ; and the clamour I raised against it, in con-
junction with two or three friends, when it was first
founded on its present narrow principles, it has not
yet, and probably never will totally silence.
"I am
"Your most affectionate father,

" WiL. Livingston."

It is proper to state that, after the revolution,
Mr. Livingston made not the smallest opposition
to the introduction of bishops into the Episcopal
church. He perceived that their church-govern-
ment had become, under the independent and free
system of the United States, a matter concerning
themselves alone, in which no other set of men
had any right or interest to interfere.

In the year 1770, Mr. Livingston published under
the title of " A Soliloquy" a bitter and unsparing in-
vective against Lieutenant-governor Golden, whose
conduct on the subject of the appeals, the judges'

I/iO TUF. I, IFF OF

commissions, and the Stamp Act, had rendered him
hiijlily iinj)0|)iil;ir, and scarcely more so with the
hberal {)arty tlian witli the mass of the people.*
The precise subject which drew forth this attack
I have been unable to discover ; it grew apparently
out of some claim upon the treasury, produced by
the chief magistrate, and regarded by his satirist
as ill founded. All the obnoxious acts of Colden's
life are passed in review, and a sentence more
rigid than posterity is disposed to confirm, pro-
nounced upon them. This pamphlet went through
a second edition shortly afterwards, and is still
valuable, as showing the acrimony of party spirit
at this time. Some pieces published in April of
this year, in the New-York Journal, under the title
of" The Watchman^'''' and the signature of" Brutus,''''
giving the history of the politics of the colony, in
the time of De Lancy, are also ascribed, I know not
with what accuracy, to Mr. Livingston's pen.t

* The original title run thus. " A Soliloquy.

Nulli sincera voluptas,

Soliciti aliquid laetis intervenit —

His friends eternal during interest,

His foes implacable when worth their while.

Loud croaks the raven of the law and smiles. — Touno."

t Vid. N. Y. Journal for 5th April, 1770, — essay signed Amer-
icanus. Among Mr. Livingston's MSS. there are some verses
headed " The mighty he" and a prose piece of some length,
entitled, '■'■An Answer to a Paper signed C. B." I have never
seen these in print, but they refer to pamphlets relating to an
individual whose soubriquet is Molouck, the object of Mr. Liv-
ingston's satire. What the nature, or date of the discussion was.

WILLIAM LIVINGSTOIV. 151

In the fall of the year 1770, the principal lawyers
of the city of New-York formed a club, which
they called The Moot, for the purpose of discuss-
ing legal questions. At their first meeting, on the
23d November, Mr. Livingston was elected Presi-
dent, and William Smith, Vice President. This,
perhaps, affords a tolerably correct indication of
the standing of these gentlemen at the bar. The
meetings of this club were held every month : from
the character of the members their decisions were
regarded with much respect ; and it has been said
that they materially influenced the judgment of
the Supreme Court. I find a question, connected
with the taxation of costs, sent down to the Moot
by the chief justice expressly for their opinion.
Mr. Livingston retained his office, according to
the rules of the club, until the following Novem-
ber, when he was succeeded by Samuel Jones.*

I cannot gather from them, and I have not succeeded in find-
ing the printed works to which they refer, and in which, as it
seems, a Mr. Campbell had some share.

* As some of the members of this club were afterwards among
the most prominent men of the country, a few additional partic-
ulars may be found interesting. Their journal, for the use of a
copy of which I am indebted to the kindness of P. A. Jay, Esq.,
begins thus.

" The establishment and rules of the club called the Moot.

"The subscribers being desirous of forming a club for social
conversation, and the mutual improvement of each other, have
determined to meet on the evening of the first Friday of every
month, at Barden's, or such other place as a majority of the

152 THE LIFE OF

But little now rcmjiins to be said before we take
leave of tliis section of my narrative, in order to
accompany the siil)iect of it on another theatre,
and through very different scenes. The more fa-
mihar details of this portion of Mr. Livingston's
life, as they have l)eon described to me, present
a somewhat remarkable picture. The calm and
even tenor of his private hours is strikingly con-
trasted with the turbulent character of his political
and polemical exertions.

Actively engaged during the week in discharg-
ing the duties of a laborious profession, or in au

members shall from time to time appoint, and for the better reg-
ulating the said club do agree :

" I. That the said club shall be called The Moot. • • •
" V. No member shall presume upon any pretence to introduce
any discourse about the party politics of the province, and to
persist in such discourse after being desired by the president to
drop it, on pain of expulsion."
This constitution is signed by

Benjamin Kissara, .Tohn Jay,

David Mathews, William Smith,

William Wickham, John Morine Scott,

Thomas Smith, James Duane,

Whitehead Hicks, John T. Kempe,

Rudolphus Ritzema, Robert R. Livingston, jr.

William Livingston, Egbert Benson,

Richard Morris, . Peter Van Schaack,

Samuel Jones, Stephen De Lancey.

On the 4ih of March, 1774, John Walts, jr., and Gouverneur
Morris were admitted to the society. The meetings do not appear
to have been regularly held, and the members of the Moot came
together for the last time on the 6th January, 1775.

WILLIAM LIVINGSTON. 153

angry warfare in defence of his civil and religious
rights, three times on every Sabbath, surrounded
by his numerous family, he went up to that church
formerly contemned and oppressed, but for which
his exertions had procured respect ; of which he
was one of the brightest ornaments and chief sup-
ports. These were not, it is true, the first fruits of
his heart and his intellect, laid upon the shrines of
country and religion. They were not the offspring
of enthusiasm, or the offering of youth." They
were the better gifts of a matured mind and an es-
tablished character. His daily labours found their
close and solace in the evening, passed in the soci-
ety of his friends, and in the amusement or instruc-
tion of his children. Fond of the social circle,
and the delight of that in which he moved, his
cheerful humour and lively wit gave an equal zest
to " Mother Brock's" club-room,* and to more
mixed festivities. If there be blemishes in this
portrait such as those to which I have already
alluded, is it unreasonable, while they are not con-
cealed, to throw them into the background ?

In his private hfe we can discern some of the
same traits which mark Mr. Livingston's pubhc
character. He always showed a dislike to the soci-
ety of the Enghsh officers, of whom there was gene-
rally a considerable number in New-York. This

* A club of gentlemen were accustomed to meet at a house at
the corner of Wall and New streets, kept by a Mrs. Brock,
more familiarly designated as in the text, whose husband, Walter
Brock, had no share of its honours.

l/il THE LIFK OF

was the more sur]>risino;, at least in the eyes of the
city belles, as these sous of Mars formed by far the
most brilliant ornaments of their fetes, and quite
threw the mohairs, as the native gallants were in-
vidiously termed, into the shade. He rarely ad-
mitted the former to the hosj)italities of his house,
and preferred to select his society from his own
townspeople.*

It should be mentioned that so late as the year
7760, Mr. Livingston was engaged in privateering
adventures. This is one of those inconsistencies
which the advance of civilization has done away.
Few persons now pretending to religious principle
would think themselves justified in lending any
countenance to a practice which so much enhances
the horrors of war, and which this country enjoys-
the honour of having attempted to put down.

* The only instance during his life in which Mr. Livingston
is said to have been guilty of the slightest excesses of the table,
although at that time a tolerably frequent repetition of them waff
not inconsistent with a fair character for sobriety, was at a din-
ner given at the Fort (the government-house), by Lord Dunmore.
His lordship, who was something of a wine-bibber himself (and
it is a pretty specimen of the manners of the day), laid a scheme
to entrap the discreet and staid burghers. By dint of goblets
double the ordinary size, repeated bumpers, and various other
tricks familiar to noble butlers, his design was effected ; not
a few of the whig champions, and Mr. Livingston among the
number, saw that night, in heaven and earih, more things thau
their philosophy had ever till then dreamed of.

WILLIAM LIVINGSTON. 155

CHAPTER V.

Mr. Livingston removes to Elizabethtovj^n, Nevr-Jersey, in 1772
— Controversy relating to the Treasurer — He is sent to
Congress in 1774 — His Share in the Proceedings of that Body.

Mr. Livingston appears, from an early period,
to have entertained the intention of retiring from
his profession to a country life. As early as 1760
he made purchase of a piece of land, containing
about eighty acres, in Elizabethtown, in the county
of Essex, in the then province of New-Jersey.
This, by subsequent additions, he increased to a
hundred and twenty acres, and occupied his leisure
in setting out upon it various species of fruit trees,
which like almost every article of colonial use, were
imported from England.* During the two or

* These trees were principally imported in 1767, '8, and '9.
On looking over his orders I am surprised to see how few of the
names are the same with those now in use. Of 65 pears, the
Beurrees, the Ambree, St. Germain, Bergamot, and Vergaloo
are alone to be recognised. Of plums, the proportion is some-
what greater, but a decided majority even of these is now so
obsolete, that I question whether even the Linnaeus of Flushing,
or of Liberty-street, would be able to recognise them. It is
pleasing, however, to notice, that perhaps the very best fruit
which our adjacent country boasts at the present day has a
venerable pedigree. In 1767 I find Mr. Livingston sending out
two barrels of Newtown pippins to a friend in England.

156 THE LIFE OF

three last years of liis rosidonce in New-York, he
seems to have frradiially contracted his profes-
sional biKsiness. and to the country in May, 1772,
he finally removed. He remained in the village
of Elizabethtown during the erection of a new
house upon his estate, until the fall of 1773; sub-
sequent to which, for the remainder of his life, this
country seat was at least his nominal home.* His
family urged him to bestow upon his new place
some distmguishing name, according to a fashion
introduced from the mother country ; but averse
to every thing of the kind, he refused to give it
any other appellation than " Liberty Hall," and by
this title it was often known to his more intimate
friends.

When Mr. Livingston left New-York for New-
Jersey he had passed the prime of life, but he pos-
sessed still an unbending spirit and an unbroken
constitution.

Dum nova canilies, dum prima et recta senectus
Nullo dextram subeunte bacillo,

he retired from active life to spend his declining
years in retirement, after having made sacrifices

* This building is still standing ; it is situated about a mile to
the north of the village of Elizabethtown, on the east of the Mor-
ristown road. It is at present in the possession of Mrs. Niem-
cewicz, a relative, though not a descendant of Gov. Livingston,
and the place bears the appellation of Ursino, in compliment
to a distinguished individual of a most distinguished and most
unfortunate people.

WILLIAM LIVINGSTON. 157

to the public as great as virtue could demand;
having established a high and dignified reputation,
not less of character than of talent, and purchased,
by the laborious and praiseworthy exertions of
thirty years, the right to tranquil indulgence of that
pure and simple kind most congenial to his tastes.

It is said that one of Mr. Livingston's principal
inducements to select Elizabethtown as the spot
of his future residence was the circumstance that
William Peartree Smith, and another of his friends
and fellows of Yale, resided there. If this be
so, it is a strong proof of the tenacity of his
friendships.

About the time that Mr. Livingston established
himself in New-Jersey, a young and unfriended
boy arrived in the country from the West Indies,
bringing letters, as I have been told, to him from
Hugh Knox.* The lad was put to the school of
Francis Barber, of Ehzabethtown. Both master
and pupil not long afterwards entered the Ameri-
can army. Of the former I believe little more is,
or need be known. The scholar was Alexander
Hamilton.

The only positive information as to the causes
of Mr. Livingston's departure from New-York, is
to be derived from the following touching memo-
randum, the original of which is written on the
back of a schedule of his property, evidently

* This person, a Presbyterian minister in North America, in
1754, was afterwards settled in the island of St. Croix. Vid.
Dr. Miller's Life of Rodgers.

l.'iS THE LIFE OF

drawn up some time later. " The sum at the foot
of this I was worth wlien I removed from New-
York to Now-Jersev. besides leaving upwards of
£2()()0 behind me, due to me for costs in the
province of New-York (besides the lands left me
by my father) ; and as I was always fond of a
country life, and thought that at that time I could
with justice to my dear children go into the
country, where the interest of that sum would
more than maintain me, I accordingly went with
the intention to lay up the surplus for their use ;
but so it has fortuned, by the breaking of some of
my debtors, and by others paying me in conti-
nental depreciated money, that 1 have not been
able to answer that agreeable object; and for
those unforeseen occurrences, 1 hope my children
will not blame me, having not spent my fortune
by extravagant living, but have * * by inevitable
accidents."

The property comprised in this statement is
£8512, which, in the currency of New- York,
amounts to a little more than twenty-one thousand
dollars.* This circumstance alone would be suffi-
cient to show the depreciation of the value of the
circulating medium, and the increase of comforts
and luxuries since that day.

The following extract from a letterf written by

• As the schedule contains only a list of bonds given to Mr.
Livingston before he left New-York, their value must be calcu-
lated according to the currency of that province.

t Dated 7th March, 1 774, but without address.

WILLIAM LIVINGSTON. ' 159

Mr. Livingston, would almost lead us to believe
that he retired from public hfe in despair of the at-
tainment of that civil and religious freedom for
which he had so long contended. The feeling, if
it was entertained, cannot be justified ; but such
distrust might at that time have found more ex-
cuse in the situation of New-York than in some
of the other colonies.* " From this sequestered
corner of the globe," he says, " you will not I pre-
sume, look for news. Our Assembly, according to
their humble abilities, and their lack of equal op-
portunities, with the most heroic emulation, make
proportionable blunders with yours. They have
however, at least one man of sense and pubhc
virtue among them, and of his sense and public
virtue the world has had the same proof which of
such characters it will never fail to have ; that he
is perpetually traduced and misrepresented in the
weekly papers. Ask Captain M'Dougall,t how
far a man ought to sacrifice his fortune and char-
acter in serving a country that will not be served,

* At a patriotic dinner given in Pennsylvania, in April, 1770, to
celebrate the repeal of the stamp-act, one of the toasts was,
" The Colonial Assemblies, except that of New- York." (Vid, Gaz.)

t Alexander M'Dougall, afterwards major-general, almost as
well known by his adopted title of a " son of liberty," imprisoned^
in 1770, by the New- York Assembly for a vehement invective
against their pusillanimous and time-serving course — one of
the most daring of the New- York patriots, before the revolution,
and an active and brave officer during the war. His papers are
in this city, and must contain valuable materials for history — why
is no use made of them ?

160 THE LIFE OF

and in opposing a majority which, notwithstanding
such opposition, will hv trium[)hant, or whether
there be any future crown for political, as there is
for religious niurtyrdoni."

The dispersion of Mr. Livingston's correspond-
ence renders it ditiicult to determine what were
his pursuits during the two years and a half
which elapsed between his removal to New-Jersey
and the assembling of the first Congress. In one
or two instances he appears to have resumed the
practice of his profession (he had been admitted
to practise in the courts of New-Jersey as early
as 1755); more, however, it seems, to oblige a
friend than as an avocation.

It is probable that he was mostly occupied with
putting in order his new buildings and grounds,
while at the same time it is reasonable to suppose
that he was intensely, it may be actively, interested
in the stirring contests which agitated the neigh-
bouring provinces ; and that from his retired posi-
tion, as from a watch tower, he looked out with an
attentive eye upon the storm which was slowly
approaching.

Before Mr. Livingston removed to New-Jersey, a
controversy had arisen there, which will be here
noticed at some length, as he was in a mea-
sure connected with it, and as it was, almost the
only difficulty that existed between the people of
that colony and the royal government prior to the
revolution.

In conformity with the original division of the

WILLIAM LIVINGSTON. 161

province into Eastern and Western New-Jersey,
which was not finally obliterated until it became a
state, a treasurer was, before the revolution, ap-
pointed for each district ; and from the crude state
of the commercial arrangements of that day, these
officers were compelled to keep under their per-
sonal care large sums, both of specie and of the
paper bills of credit. The public money chest of
Stephen Skinner, treasurer of the eastern division,
was broken open at his residence in Perth Amboy,
on the 22d July, 1768, and rifled of between six
and seven thousand pounds of paper and coin.*

In October, 1770, the matter was brought before
the Assembly, who, after a laborious investigation
of evidence, resolved that the robbery was owing
to the negligence of the eastern treasurer, and that
he was bound to account for the sum missing.
After a delay of two years, the House, in Septem-
ber, 1772, sent a communication to the governor
(William Franklin, the son of Dr. FrankUn), who
had the appointment of these officers, remon-
strating with him for taking no measures to settle
the affair.

The governor took fire at the complaint, and
replied in a captious tone, that nothing was as yet
proved against Skinner, and that the nature of the
desired remedy had not been specified. To this

* The treasury of New-Jersey was particularly unfortunate.
A similar accident happened in December, 1776, when Samuel
Tucker was in this department. Vid. Min. N. J. Assem. 17th
February, 1777,

162

THE LIFE OF

the Ilouso j)roinptlv if'idird. dcmanciing tlic dis-
missal of Skinner, as convicted l>y the evidence
laid before tliem of nci^lcct of duty. Fr.ankhn
answered, that he f«hoidd not remove the treasurer
until alter tlic termination ol'the action at law, or of
whatever other course the House mij^dit t;ike to de-
termine his liability. Upon this refusal, which was
couched in laniruafre little calculated to render it
more palatable, the Assembly resolved to take no
further steps in the matter, leaving the responsi-
bility of the loss to the pvdjlic upon the shoulders
of the governor; and to another message from
him, repeating the grounds of his decision, and
alleging that the Council were unanimously of
his opinion, the House returned for answer a re-
quest to be prorogued, which accordingly in the
latter part of the same month (September) was
granted.

The Assembly did not come together again till
in November, 1773, and during the recess sus-
picion of the robbery had fallen upon one Samuel
Ford. In a long and studied message, the gov-
ernor laid before the house all the testimony
tending to inculpate Ford, and very strenuously
insisted that his guilt was conclusively proved.
Here, however, he was equally unsuccessful in
commanding the concurrence of the Assembly ;
and indeed it seems immaterial who the actual
robber was, provided the loss was owing to the
negligence of the treasurer, unless we are to infer
from the pertinacity of the House, — what is no-

WILLIAM LIVINGSTON. 163

where asserted or even insinuated, — that he w^as
an accomphce in the transaction.

The House, apparently resolved not to lose
sight of him whom they considered the original
culprit, denied that the testimony proved the guilt
of Ford ; and reverting to the original question,
once more demanded the dismissal of the trea-
surer. It is to this stage of the controversy that
the following pasquinade of Mr. Livingston refers,
which I am the more tempted to insert as it has
never appeared in print.

" Governor. Gentlemen, the treasury has been
robbed.

" .Assembly. Many people, sir, are of that opinion.

« G. But Sam Ford has robbed it.

" ji. That is more than we know.

" G. But I have laid before you the proofs and
papers.

" ./^. The papers, .sir, we have received, but
the proofs we can't find.

" G. They contain striking circumstances.

" J. They don't strike us.

******

" G. But Sam Ford is a villain.

« ^. So he is.

" G. Then he has robbed the treasury.

" j1. Negatur consequentia.

******

"G. One of the witnesses has sworn that he
saw him, through a key-hole, cut the bills from the
sheets on which they were printed.

164 T»K LIFE OF

'•''A. The bills ill tlio treasury were not in
sheets.

" G. Tliat's an unlucky circumstance ; but he is
a villain, and therefore tin; worst must be supposed
against him.

"yi. The witnesses against him arc villains,
and therefore to be supposed to testify falsely.

" G. Then you won't believe that he has robbed
it.?

" A. We don't care who has robbed it.

" G. What then do you want }

" A. The money.

" G. From Avhom do you want it .'' — from Sam

" A. From the man with whom we intrusted it.
" G. Then demand it of him.
" A. We don't know how to set about it, unless
you turn him out."

The governor still refused to accede to the
demands of the House, maintaining, as it would
seem, for the purposes of delay, that the proper
course of proceeding against the treasurer was by
information, and not by suit at law, as was pro-
posed. To this the House were altogether ad-
verse, on the ground, as they allege in their answer
of the 19th February, 1771, that this form of prose-
cution would not allow of so impartial a scrutiny.
It should be noticed that the office of attorney-
general was at this time held by Cortland Skinner,
brother of the treasurer.

WILLIAM LIVINGSTON. 165

A case had been in the mean time drawn up by
the agents of the House, proposing three inquiries
connected with this question.

First. Whether the bond given by Skinner, for
the correct performance of the duties of his office,
was a vahd and legal instrument }

Second. Whether it could be put in suit in the
present case ? and

Third. If the inhabitants of New- Jersey were
sufficiently free from the imputation of interest, to
be jurors in an action against the treasurer }

On each of these three points Mr. Livingston, in
June 1773, dehvered his opinion in the affirmative.
Fortified by this, and as it appears by other similar
opinions, the House persevered in their resolution :
and at length in February, 1774, when wearied out
by the procrastination of Frankhn, they had re-
solved on a petition to the king. Skinner suddenly
resigned his office. Upon this, as if to insult the
Assembly, he was immediately called to the Coun-
cil. During the whole of this discussion, the con-
duct of Governor Franklin is that of a petulant,
arrogant, and unwise man, utterly destitute of the
prudence and self-possession which distinguished
his father, and altogether unfit for the government
of a people on the alert with regard to every ques-
tion touching their rights. In a matter like this, it
would seem that if there existed a genuine desire
on both sides to arrive at the conclusion dictated
by truth and justice, there could be no serious dif-
ference as to the means.

166 THE LIFK OF

Upon the resignation of tlie treasurer, an act
was iininodiatcly passed for the i)urpose of ohvi-
ating all diliiculties, cnahling John Smyth, the new
treasurer, to bring an action against Skinner for the
amount of which lie had been robbed. The action
was still pending in January, ITTri, and below that
period, I can find no notice of it. It is improbable
that any legal termination was ever put to it. The
revolution broke out ; the family of the Skinners
in a body joined the English — inter arma silent
leges — and such it seems was the termination of a
controversy which, involving no principle, and ap-
parently of trifling consequence, is still deserving
of notice, as having had a material tendency to
alienate the minds of the people of New-Jersey
from the royal government, and to prepare them
for acting in concert with the sister provinces.

We have now reached the lowering spring of
1774, when the inherited affection of the colonists
for the mother country was fast giving place to
distrust and resentment, and when the angry hum
of menace began to echo from either shore.
But the domestic circle performs its accustomed
revolutions, and the daily oflices and exchanges of
society, the marrying and the giving in marriage,
take place in spite of the convulsions of the political
world. In April of this year, the fourth daughter of
Mr. Livingston, Sarah Van Brugh, was married at
Elizabethtown, to John Jay, at this time only known
as a prominent member of the New-York bar, but
destined not lon^ij afterwards to connect his name

WILLIAM LIVINGSTON. 167

inseparably with the history of that half century,
which is perhaps the most eventfiil that the world
has known. Resembling- each other in more than
one particular, in their inflexible integrity, in their
superiority to all the low devices of ambition, and in
their marked religious character, the most cordial
friendship subsisted between Mr. Livingston and
his eminent son-in-law till the death of the former.
If Mr. Livingston retired to New-Jersey with the
intention of withdrawing himself from public life, the
error — for en-oneous that philosophy, or that prac-
tice must ever be considered which detaches our
sympathy from the pursuits, the welfare, the mis-
fortunes, and all the varied interests of our fellows
— the error was happily corrected by the course
of events. The waves of opinion rolled back
from their first unsuccessful dashing against the
bulwarks of power, only to return in their collected
might ; and gradually embracing in their universal
surge the intellect, the accomplishment, and the
virtue of the colonies, their course was for a
moment stayed, as if to exhibit their full strength,
and to demonstrate the futility of resistance. It
was at this moment, when those who had most
deprecated the approaching crisis felt it could
no longer be avoided, that Mr. Livingston, aban-
doning the long promised repose which he had
just begun to enjoy, throwing ofl" the sluggishness
of advancing years, once more set his hand to
the plough, and without casting a look behind,
entered upon that which was to prove the most

168 TMK LIFK OF

.arduous and the most lionoural>lc portion of his
public services.

Upon tlic arrival of tlic news of the passai^e of
the Boston port act,* New-Jersey was not hack-
ward in exprcssinir lier concurrence in tlie views
witli wliicli the leading colonies regarded this ob-
noxious measure. A meeting? of the iniiabitants
of the county of Essex was lield at Newark, on
the 11th of June; at which a committee, consisting
of Crane, Riggs, Livingston, Poartree Smitli, De
Hart, Chetwood, Ogden, and J3oudinot, was chosen
to serve as a committee of correspondence, and
to meet the committees of the other counties for
the purpose of choosing delegates to the Conti-
nental Congress. The Assembly had already, on
the 8th of February previous, appointed nine of its
own members to obtain intelligence, and to cor-
respond with the sister colonies.t

Proceedings similar to those in the county of
Essex took place throughout the colony, and
on the 23d of July, these committees, repre-
senting every county in New-Jersey, and com-
prising a majority of the members of the Assembly,!
met at New-Brunswick, and elected James Kinsey,
Livingston, John De Hart, Stephen Crane, the
chairman of the meeting, and Richard Smith,

* lOth May, 1774.

t Vid. Rivington's N. Y. Gazette for; 16th June, 1774, and
Journals Assem. of N. J.

I For this fact, important as showing the temper of the prov-
ince, vid. Journal of House, 24th January, 1775. •

WILLIAxM LIVINGSTON. 169

deputies to represent the colony in Congress. At
the opening of that body, at Philadelphia, on the
5th of September, they were all present. It is a
curious fact, as showing how thoroughly the chaff
was winnowed from the grain in the struggle which
ensued, that of all these delegates, Livingston
and Crane alone remained staunch to the cause
they had espoused. De Hart retired from Con-
gress before the Declaration of Independence, re-
fused the office of Judge of the Supreme Court
under the state government, and was suspected of
coolness to the American cause.* Kinsey left
Congress in November 1775, refused to take the
republican oath of allegiance,t and Smith was ex-

* My information as to this suspicion is traditionary, but tlie
facts slated in the text seem to support it. I have, however, no
wish to add to the reputation of Mr. Livingston, by deducting
. from that of his contemporaries.

t Journal of Congress, 2d December 1775. Kinsey was
highly esteemed, notwithstanding the course he took at this
time. "He is a very good man," says Governor Livingston
in a letter to Samuel Allison, of the 25ih July, 1778, "though
not the best hand upon deck in a storm;" and to Kinsey
himself, he writes under date of the 6th October, of the same
year, — " As I find myself engaged in writing to my old friend, I
cannot help embracing this opportunity to express my concern
at your standing so much in your own light as to forego your
practice rather than submit to a test, which all governments ever
have, and ever will impose upon those who live within the
bounds of their authority. * * * Your voluntary consent to take
the test prescribed by law would soon restore you to the good
opinion of your country (everybody allowing you, notwithstand-
ing your imaceoimtable political obliquities, to be an honest

170 THK IJFF. OF

pclk'd the Assembly in Mny, 1777. Tlie two fol-
lowiii«jj letters, written about tiiis time, and con-
nected with this sul)ject, may be found acceptable.
I am indebted lor them to the courtesy of the His-
torical .Society of Mjissachuselts.

•'TO THE COMMITTKK OF CORKESPONDEKCE FOR TIIK
TOWN OF BOSTON.

" Elizabethtown (New-Jcrscy), 28ih July, ITT-l.
" Gentlf-men,
" The arbitrary and cruel oppression under which
your metropolis now labours, from the suspension
of commerce, nnist inevitably reduce multitudes to
inexpressible diffienllies and distress : sufic'ring in a
glorious and common cause, sympathy and resent-
ment, with peculiar energy, fill the breasts of your
anxious countrymen. As the King of kings and
the Ruler of princes seems, in a remarkable man-
ner, to be inspiring these colonies with a spirit of
union, to confound the counsels of your unright-
eous oppressors, and with a spirit of humanity and
benevolence towards an innocent and oppressed
people ; so we trust, he will also inspire your town
with patience, resignation, and fortitude, until this
great calamity shall be overpast.

man), and your way to the magistracy would doubtless be easy
and unencumbered." Some years subsequently, Ivinsey was made
chief justice : he died, I believe, in 1801. Stephen Crane was
illiterate, but a member of the Legislature for a long time both
before and after the revolution, and at one time speaker of the
colonial Assembly.

WILLIAM LIVINGSTON. I7l

" We have the pleasure to acquaint you that on
the 21st instant, at the city of New-Brunswick, the
province of New-Jersey, with singular unanimity,
— seventy-two delegates from the several counties,
and a majority of the House of Representatives,
present and approving, — entered into similar reso-
lutions with the other colonies ; elected five depu-
ties for the proposed Congress, and the county
committees then agreed to promote collections in
their respective counties for the relief of such of
the unhappy inhabitants of the town of Boston as
may be now reduced to extremity and want. To
accomplish this purpose with the more accepta-
tion to yourselves, we, the committee of corres-
pondence for the eastern division, request that by
the return of the post, you would be pleased to
advise us in what way we can best answer your
present necessities — whether cash remitted, or
what articles of provision, or other necessaries we
can furnish from hence, would be most agreeable ;
and which we hope we shall be able to forward to
Boston very soon after your advice shall be re-
ceived. We doubt not, gentlemen are devising
every possible method for the employment of
those who, by their deplorable situation, are cut off
from all former means of subsistence.
" We are, gentlemen,

" Your very humble servants.
" By order ^

" William P. Smith,

" Chairman."

1 7-2

riiF. Ml r. or

'' Tt> MIt. UII.MAM I'. s.MII II, NKW-JERSKV.

•'UoBlon, Aufi^xwt 22(1, 1774.
" Sir,

" Tli(^ comniitten of corrcsixtiMhiirc; for this
town liJivc liiiiuli'd to \\\r. roiiimiltcc of donations
a letter from you of 'iUlh nil., which breathes Huch
a spirit of imioii and hcaily coiieeiii lor the; rights
of America, an must enkindle in every breast the
hi<^Iiest oj)ini()n of the virtue and iirnuH^ss of tlie
inhabitants of New-Jersey. Witli hearts deejjly
impressed witli gratitude, wc note your kind inten-
tions to contribute for the relief of the inhabitants
of this town sullerinir by means of the Boston port
bill, and d(>sire to know ' In what ivaj/ you nm hral
answer our jtrcscut 7iccrssitics^ wJidfwr cask rcniitlcfl or
articles of provision.'' For answer, if casli sbould bo
equally agrcea])l(; to our friends, it would be very
acre|)table at this time; but would leaver that mat-
ter entirely to your coiiveiiience. The Christian
sympathy and j:r(;n(>rosity of our friends through
the continent cannot fail to inspire the inhabitants
of this town with patience, resignation, and firm-
ness, while w(i trust in the Su|)reme Kuler of the
universe^ that lie will graciously hear our cries,
and in His time free us from our present bondage,
and make us rejoice in His great salvation. Phuisc
to present our grateful acknowledgment to our
friends of New-Jersey, and be assur(;d we are, with
the gr<;at(>st esteem,

." Sir, your friends and fellow countrymen.

" Na riri.. AnM,KTON,y>r. o/v/rr.""

wrr.rjAivi i.iviNc^sroN. 173

Of the dcIogatoH to tlio lirsl (Jongrcss, so Car as
can now 1)0 learned, there is every reason to lujlievo
tluit far fln! «^r<!at('r iminlxir went vvilli a sinc(TC
wiwh to a.(l|ii.st tlio dillcn^iKU's IxMwcscn tli(! {)rov-
inces and tJje niotlKsr country, and had no dtisiro to
emancipate themselves from lic^r eonlrol. 'J'ho
|)roceedinfTS of that body, in(U;ed, sullicJentiy prove
(his; hut it would sci^ni ihat there were; also, (!V(!n
then, souk; vviio entertained ulterior views, and who
n(!ith(!r expcu'tcid, nor pcTliapH desired the contest to
l)(; setthid on any otlj<;r condition than our absolute
in(lep(!ndence. Mr. J-iivin<rston coincid(;d in senti-
ment verydecirhidly with th(! n)ajority,and IIk-IoIIow-
in<»- extract oi" a l(;tter from hnn to il(;nry liaur(!ns,
dated .')lh February, 177H, is valuable, not merely
as showing his own opinion, based upon his inflex-
ible int(!grity, but as proving at how (!arly a p(Tiod
the design of throwing ofl' tin; alhigianee oftireat
Britain made its way into tin; councils of the co-
h>ni(;s. llowev(;r siieh an intenlion may jx; re-
garded through the m(;dium of an imbiase<l and
rigid morality, subse(|u<;nt events have renden!d it
im|)ossil)h; t(j jndgc; tin; actors harshly; and by
Americans at least, thos(; who were earliest in con-
ceiving and plarming our indcipendence will (!ver bo
looked upon as the wisest and boidcjst stat(5smen
of tlie revolution.

" 1 had not, sir," says Jiivingston," beisn in (/on-
gress a fortnight Ixjfore J discovered that jiarties
were forming, and that some mend)ers had come
lo that assembly with views altogcilher dillercsnt

171 riir. i.iKK OK '

IVoni what America prolbsscd to have, and what,
batiniT a dcsigninfT junto, she really had. Of tliese
men, her ind('j)endeiirv uj)on Cireat 15ritain at all
events was the most favourite project. By these
the pulse of the rest was felt on every favourable
occasion, and often upon no occasion at all; and
by these men measures were concerted to produce
what we all professed to dej)rerate ; nay, at the
very time that we universally invoked the Majesty
of Heaven to witness the purity of our hearts, 1
had reason to believe that the hearts of many of
us gave our invocation the lie. * * * I cannot
entertain the most favourable opinion of a man's
veracity, who intended to do it (declare independ-
ence) when he swore he did not, and when he
represented a people who were actually pursuing
measures to prevent the necessity of doing it.

-j^ "^ ^ rR» ^

" 1 well remember that a certain gentleman used
to edify us in Congress with letters from his
brother, who, 1 predicted from those very letters,
was then setting up for ambassador, before we
were an independent stfite ; for such I know that
he and his friends, and his brother, were deter-
mined we should be, and therefore he had a fair
opportunity of taking time by the forelock."

In reference to this last clause, it should be
stated that Mr. Livingston, without any intimacy,
or indeed familiar acquaintance that can now be
traced, with any one of the early diplomatic agents
of the country, adopted opinions unfavourable to

WILLIAM LIVINGSTON. 175

Arthur Lee in his controversy with Deane, and
leaned to the side of the latter. The sentiments
of a private individual, especially of one whose
position allowed him no share in the angry debates
on this subject, cannot be expected to have any
controlling weight. A mind naturally deliberative,
and averse to extremes, might easily misconstrue
the eager, ambitious, and impetuous temperament
of the Virginia statesman. Expressing no opinion
on a subject 1 do not pretend to have examined,
the sentiments of Mr. Livingston are given as he
pronounced them. Others must decide on their
value or correctness.*

The principal papers drawn up by this body, the
labors of which were confined to petition and
remonstrance, are the Address of the Colonies to
the People of Great Britain ; the Address to the
Inhabitants of Quebec ; and the Petition to the
King. Mr. Livingston was a member of the
committee appointed to draught the address to the
People of Great Britain, but the honorable task
was executed by Mr. Jay. Owing, however, to
some misunderstanding on the part of Harrison,
and to the fact that the draught was reported by
Mr. Ijivingston, it was for some time ascribed to his
pen.t

The only share of the labours of this Congress

* It appears by the correspondence in Mr. Lee's life of his
grandfather, R. H. Lee (vol. 2), that Mr. Laurens took the other
side of the question.

t Wirt's Henry, Ed. 1831, p. 127. Jefferson's Mem. i. p. 8.

170 THE MFK or

wliK li can now l)c traced to him, except acting on
the conimittee aj)[)ointe(l to state tlie rights ol" the
colonics, is the sii^nin^ the Non-Consnniption,
Non-lni])ortation, and Non-K\|)ortation Associa^
lion, on tlie 24tli of October. The record of this
body is sinirularly meagre. Some of the most
prominent men of the conntry wonid seem, if we
rely upon its testimony, to li.ive had tlie least
share in its transactions. In the early stages of
the revolution, precedence was by common consent
assigned to Massachusetts and Virginia, but the
enviable honour of the authorship of the docu-
ments of the first Congress. is monopolized by Jay,
Richard Henry Lee, and Dickinson.

It is a striking fact, as showing how strictly
Mr. Livingston adhered to the agreement above
spoken of, entered into by the members, for the
purpose of fostering colonial manufactures, that
in a letter to his relative, the Rev. Dr. John Living-
ston, of the 22d August, 1782, he says, "In full
expectation of an honourable peace, and in proof
of my Christian spirit of forgiving injmies, I have
ventured to write this letter on paper stamped
with his majesty's crown and initials, which is the
first time that I have used so unorthodox a fabric
since this article has been manufactured among
us." There are also stdl preserved a quantity of
buttons, which he procured to be made for his
own use from clam-shells. This was an en-
couragement and protection of domestic manu-
factures which, called for by a state of incipient

WILLIAM LIVINGSTON. 177

hostility, demanded by the unanimous voice of the
continent, involving no constitutional question, cre-
ating no sectional jealousy, no bickering and no
.heart-burning, might indeed be safely pronounced
legitimate.

Here too may be introduced an anecdote, char-
acteristic of the time and the individual, but which,
perhaps, belongs to a somewhat earher period, the
use of tea having been abjured by the patriots as
early as 1773. The female and younger members
of Mr. Livingston's family were accustomed, when
quite alone and secure from observation, to drink
what they called " strawberry tea," wishing no
doubt to convey the idea that it was a decoction
of the native plant. 1 have heard described in
strong terms their fear, lest Mr. Livingston should
discover that his house harbored the genuine Chi-
nese herb. They well knew that he would not sell
his birthright for a cup of tea.

On the 26th of October, the Congress dissolved
itself, after taking precautions to ensure the as-
sembling of a similar body in the ensuing year.
The members sought their homes, to diffuse
among their constituents that wise and fearless
spirit by which they were animated, and to dis-
seminate the growing feelings of mutual respect
and aifection, together with that sense of the
absolute necessity of union, which has so grown
with the growth, and strengthened with the
strength of our liberty, that we can now scarcely
conceive of the one without the other.

17H TUF. [.IFi: OF

CHAPTKR VI.

Mr. Livingston is returned to tlic second Congress in 1775 —
His Opinions on the 8ubject of the Declaration of Independ-
ence— Is recalled from Congress in June, 1776 — Takes
command of the Militia at Elizabethtown as Brigadier-general
— Letter from Joseph Reed — Battle of Bushwick.

The necessity of a second Congress became
every day more and more apparent. Within a
week after the dissolution of the first (3d Novem-
ber), Connecticut appointed delegates to represent
that colony in the body to be convened the
following May, and New-Jersey was the fourth
province to follow her example. The members
of this second national assembly were in most
instances chosen in a different manner from that
in which the first had been; and the difference
shows the constantly rising tone of public opinion.
In 1774, the representatives were elected by depu-
ties from towns and committees of correspondence^
five states only, Massachusetts, Rhode-Island,
Connecticut, Pennsylvania and South Carolina,
choosing them in Assembly. In 1775, with the
exception of Maryland, New-Hampshire, Virginia,
and New-York, where they were chosen either
by deputies from towns or counties, all the dele-

WILLIAM LIVINGSTON. 179

gates were sent in a more authoritative form by
the Assembly, or provincial congress of their re-
spective colonies.

On the 24th of January, 1775, the Assembly of
New-Jersey, convened at Perth Amboy, unani-
mously re-elected Kinsey, Crane, Livingston, De
Hart, and Smith, delegates to represent the colony
in the second Congress. At the opening of that
body (nth May), they were all present. This
Congress continued its sessions, with a short recess
in the month of August, throughout the remainder
of this year, and 1 have only to state as briefly as
possible, Mr. Livingston's share in its labours, so
far as can be collected from its journal.

All the information on the subject is to be
gathered from the appointment of committees, for
the traditional information as to the part, if any,
taken by him, in the papers drawn up by this body,
is so slight and contradictory as not to command
attention.

On the 3d of June we find him placed with
Deane, Samuel Adams, and John Adams, on a
committee to prepare an address to the people of
Ireland, which was reported on the 21st of July,
and accepted on the 28! h,* On the 23d of the
same month he was associated with J. Rutledge,
Franklin, Jay, and Johnson, to draw up a declara-
tion, to be published by General Washington upon

• This document was attributed by Gov. Livingston's son,
to his father's pen.

'k% . '^:

V. .V S

. * ■# V .

180 THE LIFE OF

his arrival at tho camj) before Boston. This was
adopted on tlie 6th of Julv.

On the 13th of No\('nil)er, we find him placed
on a committee, witii K. H. Lee and Wilson, to
answer "• sundry illetral ministerial proclamations"
— on the 17th with John Adams, Franklin, Wythe,
and others, to take into consideration the subject
of naval prizes. On the 8th December, he was
appointed to serve on the standing committee to
examine the claims of applicants for office in the
army, and we again find him, on the 28th of the
same month, placed on a committee with Lynch,
Deane, Wythe, and Jay, to take into consideration
the state of New-York and to report thereon.

Mr. Livingston during this year was elected to
serve upon eleven committees, and the duties as-
signed to him will be found to have been arduous,
and worthy of his previous reputation. It will be
remembered that it was at this time the policy to
place the more prominent colonies, particularly
Virginia and Massachusetts, in the front rank of
the national opposition ; Adams, Lee, and Jay, in
addition to their intrinsic merits, derived an adven-
titious importance from the size, population, and
wealth of the provinces they represented.

Congress continued its session without intermis-
sion into the year 1776, the representation of the
different colonies changing as often as was ren-
dered necessary by the gradual advance of public
opinion. Mr. Livingston appears to have been in
constant attendance at Philadelphia, and on the

WILLIAM LIVINGSTON. 181

14th February, the provincial congress of New-
Jersey elected him for the third time, in conjunction
with De Hart, Smith, John Cooper, and Jonathan
Dickinson Sergeant to represent that province.

On the 20th February, we find Livingston made
a standing member of the common committee, and
on the 4th March he was placed with Wilson,
J. Adams, L. Morris, and Tilghman, on a com-
mittee to whom was referred a memorial from the
merchants of Montreal. On the 13th of the same
month he moved for leave to introduce a resolu-
tion appointing a fast, which was brought in by
him on the 16th. This document is interesting as
showing the temper both of the body, and of the
mover at this time.

It begins with a brief statement of the great
distress, rendering a pubhc acknowledgment of
devotion to God peculiarly appropriate, " that we
may humbly implore His assistance to frustrate the
cruel purposes of our enemies, and by inclining their
hearts to justice and benevolence, prevent the fur-
ther effusion of kindred blood. But if," proceeds
the writer, " continuing deaf to the voice of reason
and humanity, and inflexibly bent on desolation
and war, they constrain us to repel their hostile
invasions by open resistance, may it please the
Lord of Hosts, the God of armies, to animate our
officers and soldiers with invincible fortitude, to
guard and protect them in the day of battle, and
to crown the continental arms, by sea and land,
with victory and success." Here we find no longer

182 THE LIFE OF

the langiiafjc of supplication and devotion to
the crown, of ardent afVoction for the English, with
which the earlier documents of the revolution are
filled. The tone is that of a people upon the
verge of rehcllion — only deferred by their accus-
tomed moderation, their abhorrence of bloodshed,
and by the yet lingering prejudices of a century of
colonial existence.

On the 14th and 16th May, we find Livingston
elected chairman of two committees, each con-
sisting of himself, together with Jefferson, and J.
Adams, to which were referred various letters.
On the 21st of the same month, he was appointed
with Adams, Jefierson, R. H. Lee, and Sherman, to
prepare an address to the foreign mercenaries
coming to invade America.

On the 5th June, he was placed upon a commit-
tee to consider of the ways and means to establish
expresses between the several continental posts ;
and on the same day, in obedience to the command
of the provincial convention of his colony, he left
Philadelphia, to take upon himself as brigadier-
general, which rank he had received as early as
the previous December,* the command of the New-

• As I find by the endorsement of a letter from him among
Lord Stirling's correspondence, in the N. Y. Hist. Soc. Library.
I cannot, however, discover the exact date of this military ap-
pointment, or from what body he received it. The last meeting
of the colonial Assembly of New-Jersey was in December, 1775.
A provincial Congress sat in the preceding October, but 1 have
seen no journal of its proceedings. This was succeeded by a

^<fc A.*'*^ . A A» ^-^JLy^^. A*L»^^ &^

•#»^-^ ^p^e^ s^ dJJA—ti •4-4*^ ^i::^ i^^t,^ X^Mk

WILLIAM LIVINGSTON. 183

Jersey militia. The province was at this time
threatened with the arrival of the British troops
from Boston, under Sir William Howe," who an-
chored off Staten Island on the 28th of the same
month.

The career of Mr. Livingston as a member of
Congress, and his immediate connexion with the
national councils, here closes ; and it is difficult to
add any thing to that portion of the narrative we
now leave. The members of the Federal Assem-
bly with whom he was most intimate, so far as can
now be learned from his correspondence, would
appear to have been Jay, R. R. Livingston, James
Duane, Harrison, Hooper of North Carolina, and
Chase, and when to these names are added those
of Hancock and Jefferson, it is not difficult to con-
jecture what was the general tone of his political
sentiments. This is, however, to be taken with
some deductions.

Virginia and Massachusetts divide the honour
of originating that resistance which terminated in

committee of safety, which gave way in January, 1776, to the
next meeting of the Congress, which lasted till March. A copy
of the journal of this session is preserved in the State library at
Trenton, and it is to be regretted that the Legislature, when it very
laudably republished, in 1831, the record of the Congress held
in July and August, 1776, did not prefix that of the preceding
session, which is now very rare. The first letter addressed to
Livingston as brigadier-general, at Elizabethtown, is of the 5th
June. As his name occurs on the journal of Congress the same
day, there is probably an error in one of these dates.

184 THE LIFE OF

the creation of the rcpul)lic; tlio other provinces
less immediately interested in llic contest were
gradually hrou^dit by tlic vigour and perseverance
of tlic statesmen of these two colonies to embrace
the alhance, and hnally to aecjuiesce in tlie Declara-
tion of Independence. " Without an American
independent supreme government," says the in-
trepid Hawley, " we shall jihvays be but a rope of
sand — you cannot declare independence too soon."
" Some timid minds," says Gerry, " are terrified
at the word independence."* These sentiments
found a ready echo from the southern bank of the
Potomac; but the middle colonies looked upon
the question with very ditierent eyes. They had
themselves suffered little, if at all, from the English
government. Under it they had prospered and mul-
tiplied. It required of this part of the people great
intrepidity, wisdom, and generosity to join their
cause with that of men already stigmatized as rebels ;
nor did they bring themselves to this result until
the last moment. By them, independence, instead
of being considered as a real blessing, was looked
upon but as a choice of evils. While they detested
the oppression of Britain, they dreaded her power,
and at the same time that they relied with the
utmost confidence upon the justice of their own
cause, they doubted their ability to support it.
These doubts weighed upon the mind of Franklin
to the last moment, and the patriotic Dickinson

• Mr. Austin's Life of Gerry, pp. 161, 174, 185. See also the
striking sketch of Hawley in Mr. Tudor's Otis.

^< ./^-.' . - . ...

t * /'' " ■ , . , .

WILLIAM IflVINGSTON. 185

could not prevail upon himself to sanction the final
measure, even when determined on.* The same
hesitation is expressed in the speeches of Wilson
of Pennsylvania, R. R. Livingston, and E. Rutledge
of South Carolina, as lately reported,t and it mate-
rially influenced a large and important class of the
pubhc men of that day, who, though thrown into
the background at this time by the more thorough-
going measures of the party headed by Adams
and Jefferson, proved during the long contest which
followed, that whatever might be the tenets of their
political creed, they could never be wanting in de-
votion to the common cause.

Mr. Livingston certainly partook of these doubts
as to the expediency of the final separation. In
a letter to Henry Laurens, dated Lebanon Valley,
.5th February, 1778, he says, " As to the policy of
it, I then thought, and 1 have found no reason to
change my sentiments since, that if we could not
maintain our separation without the assistance of
France, her alliance ought to have been secured
by our stipulation to assert it upon that condition.
This would have forced her out into open day, and
we should have been certain either of her expHcit

• I am not aware whether it is generally known that Dickin-
son, as early as July 1776 (as I find by a letter from him among
Mr. Livingston's correspondence), was in the military service
upon the lines of New-Jersey and New- York. It shows how
little personal considerations had to do with his opposition to the
Declaration of Independence.

t Jeflferson's Memoirs, vol. i. p. 10.

A A

186 THE LWE OF

avowal or of the follv of our dependency upon it."
In a letter of the litli May, 1778, as will subse-
quently a|)pear. l^aureiis re|)lies. " 1 am happy in
being entirely of opinion with your excellency re-
specting independence."'

Entertaining these doui)ts as to the policy of
the Declaration, Mr. Livingston first assumed a
prominent military command, and immediately
afterwards accepted one of the most obnoxious
civil stations on the whole continent. If then his
fears on this subject compel us to deduct some-
thing from the soundness, something from the
enlargement of his political views, is it to be per-
mitted that when courage and honesty are called
in question, he should rank a single grade lower
than any one of those whose clearer judgment or
happier temperament enabled them to enter upon
the contest without tremor or hesitation ?

The feelings with which Mr. Livingston acceded
to the decision of his countrymen are well and
fully expressed in the letter already quoted. "We
must endeavour to make the best of every thing.
Whoever draws his sword against his prince must
fling away the scabbard. We have passed the
Rubicon, and whoever attempts to recross it will be
knocked in the head, by the one or the other party
on the opposite banks. We cannot recede, nor
should 1 wish it if we could. Great Britain must
infallibly perish, and that speedily by her own cor-
ruption, and I never loved her so much as to wish
to keep her company in her ruin."

WILLIAM LIVINGSTON. 187

In the following extract from Livingston's first
speech to the Assembly of New-Jersey, delivered
13th September, 1776, can be discerned the same
spirit of caution and deliberation 'influencing his
mind before the final measure was determined on,
and the same earnest, I had almost said, chiv-
alric defence of it, after its adoption. " Consider-
ing how long the hand of oppression had been
stretched out against us," he says, " reason and
conscience must have approved the measure had
we sooner abjured that allegiance, from which not
only by the denial of protection, but the hostile as-
saults on our persons and properties, we were
clearly absolved. It may, however, afford some
consolation to every man duly regardful of the
convictions of his own mind, and the honour and
reputation of his country, that America deferred
this important step till the decisive alternative of
absolute submission or utter destruction, announced
by a numerous fleet- and army, had extinguished
all hope of obtaining justice, and that the whole
continent, save a few self-interested individuals,
were unanimous in the separation."

1 should not have gone into this subject at such
length, were it not that Mr. Livingston has been
made the subject of a charge from a quarter of
high authority, which it is proper here to repel ;
and I do it with the more willingness because with
slight alterations these remarks may serve as a de-
fence of others implicated with him. Mr. Adams,
in a letter to Mr. Jeflerson, of the ]7th Sept 1823,

188 THE LIFE or

published shortly afterwards in various papers of
the day, says, speakinj^ of Mr. Jay, '' 1 have no
doubt, had he been in Congress at the time, he
would have subscribed the Declaration of Inde-
pendence ; he would not have left Congress like
Governor Livingston and others." This must be
supposed to imply, that the individuals referred to
left Philadelphia in order to avoid the responsibility
of acceding to a measure which they did not
dare openly oppose, and cannot be understood to
embrace a case hke that of Dickinson, who with-
stood the project at all times, and withdrew from
Congress avowedly on the ground of his repug-
nance to it.

No American will consider himself justified by
any personal pique or partiality in speaking lightly
of the eminent writer of the letter above quoted ;
but it is doing him no injustice to say, that the
same ardor and earnestness which made him, in
the language of his distinguished fellow-laborer,
" the colossus of the first Congress," frequently led
him into manifestations of feeling and expressions
of opinion which a more deliberate judgment
would have condemned. I have no wish to refute,
at any length, a charge unsubstantiated by any
fact, and which is disproved not less by Mr. Living-
ston's conduct at this particular time, than by the
whole tenor of his life. The statement as it stands
should certainly never have appeared in print. It
is calculated from its vagueness to mislead others,
as undoubtedly Mr. Adams was misled himself.

WILLIAM LIVINGSTON. 189

Who are these " others" thus hastily and peremp-
torily stigmatized with a cowardly desertion of
their trust ? Clinton, R. R. Livingston, and Alsop
of New- York, Sergeant of New-Jersey, Dickinson
of Pennsylvania, and Tilghman and Rogers of
Maryland, all left Congress subsequent to Mr.
Livingston's departure, and before the final vote.
Are all, or any, and who of these alluded to in Mr.
Adams's letter ?*

Regarding the Declaration of Independence, as
the most important and most familiar paper of
that time, as a document which, unless we are
blinded by a national egotism, must endure through
all time, it cannot be doubted that the individuals
whose names are affixed to it have acquired an
enviable immortality, and every person interested
in the reputation of the members above mentioned
must regret that they were prevented, by whatever
cause, from signing it. But if it be examined in an
historical point of view, there is much reason to
believe that both with regard to the act itself, and

* The last mention of Rogers in the journal is of the 5th of
June ; of Tilghman and Sergeant on the 6th ; of Dickinson and
R. R. Livingston on the 12th; of Clinton on the 24th, and of
Alsop on the 28th. It should be stated that at the time the
above letter of Mr. Adams appeared, a reply to it was published
by an eminent friend of Mr. Livingston's family, and for a copy
of this answer, without which indeed I might not have been
made aware of the charge, I beg leave here to express my
obligation. Gordon, in his Letters, ed. 1788, vol. ii. p. 277, has
an allusion to this matter, but his general inaccuracy renders his
authority of small value.

inn THF, LIFF, OF

the individuals who asscntod to it, considerable
misunderstanding exists. Tlie epochas and eras
into whicli the annals of every nation and every
age arc divided, grow often out of the imagination
of historians and of posterity. To the actors in
the scenes these striking contrasts and abrupt
revohitions rarely exist ; one event glides after
another, and one modification of opinion is grad-
ually succeeded by others ; but the connecting
links of the chain are soon lost ; changes which
appeared necessary, and were expected by those
who marked the progress of affairs, and traced
feelings from their source to their results, seem
to a subsequent generation, not possessed of the
same opportunity of observation, sudden and
extraordinary.

When our independence was declared, it must
be recollected that a government was established,
armies were organized, and blood had been shed.
The battles of Lexington and Bunker Hill had
been fought ; Ticonderoga and Crown Point
were taken ; Virginia had been ravaged by Dun-
more, and Montgomery had fallen under the
walls of Quebec. War had already, in fact,
existed between England and the united colo-
nies for more than a year. It must be re-
membered, too, that the principal provinces had
instructed their delegates to vote for the sepa-
ration, and the temper of all was known to
be in favour of it. The representatives of the
people did then what they have done ever

WILLIAM LIVINGSTON. 191

since. They followed, and did not attempt to
outstrip, the current of public opinion. In fact, the
principal difference of sentiment in the body ap-
pears to have been, whether their allegiance should
be thrown off at that particular moment. It is
with reference to this that Franklin is understood
to have opposed it, and that Robert Morris called
it a year afterwards " a premature declaration."*
As to the danger which the members incurred,
and the responsibility they took upon themselves
in signing the declaration, there is also much ex-
aggeration. Those who urged the measure, as in
particular the Massachusetts and Virginia repre-
sentatives, had already passed the Rubicon. Han-
cock and Adams, who had been proscribed in
1774, can scarcely be thought to have run any
new risk in 1776. If there were many eminent
men in that Congress, there were also several who
were quite obscure ; and when we for a moment
suppose the revolution to have terminated un-
fortunately, is it to be imagined that these dele-
gates, most of whom signed the declaration in
obedience to positive instructions, would have
been deemed more culpable than those who were
in arms against the mother country — than men of
more note, who were pressing the same scheme in
the separate colonies, and in the primary as-
semblies ? Is it to be believed that the ministerial
vengeance would have overlooked John Jay, or

• Mr. Sparks' Gouv. Morris, vol. i. p. 231.

192 THE LIP'E OF

McDougall, or even Sears of New-York, and sought
out John Hart of New-Jersey? or that Patrick
Henry would liave Ixcn j)ardoned, and John
Morton condemned, for hii,di treason ?

While upon tliis .subject, tlie following letter
from the above named signer may be found
curious, as showing the imperfect attainments .of
one member of the celebrated body of which I
have been speaking.

« Sir,
" The House of Assembly Request that your
Exelency Direct Mr. Colings* to print fifty Cop-
pies of the Law for purching Cloathing for the
New-Jersey Redgment and transmit the same to
your Excelency as soon as possable.
" I am Sir

" Youre Humble Sevant

"John Hart."

« To his Excelency William Liveingston.
"Princetown, November 25th, ]777."t

• Isaac Collins, State-printer, the father of the enterprising
gentlemen of the same name, now and for a long time extensively
engaged in the bookselling business in the city of New-York.

t The original of this curious document is now in the pos-
session of the Rev. W. B. Sprague of Albany, a gentleman who,
in addition to discharging the responsible duties imposed upon
him by his profession, has amused that portion of his leisure not
devoted to the pursuit of general literature, in getting together a
large and valuable collection of manuscripts. It could be wished
that this example were more generally followed. No one who

WILLIAM LIVINGSTON. 193

Hart was one of the very few exceptions to the
general cultivation and accomplishment of the
members of the second Congress. He was a
plain, honest and substantial farmer ; was a mem-
ber of the Colonial Assembly, and of the Provincial
Congress of New-Jersey; after he returned from
Philadelphia was made a member of the Legisla-
ture, and at the time this letter was written was
speaker of the Assembly. His firm and estimable
character would probably have raised him to a
more conspicuous position, had not his career
been cut short by his death, which took place at
an early period in the revolutionary contest. He
died, I believe, in 1778.*

This long digression closed, we return to the
main subject. The private views of Mr. Living-
ston on this question do not furnish the reason why
his name is not affixed to the Declaration of Inde-
pendence. It was not in his nature to shrink from
any duty, and he made his own opinion on subjects
of national interest, where no moral question in-
tervened, yield to the sentiment of his fellow-citi-

has had occasion in reference to any particular portion of our
history to hunt up original authorities, can fail to have lamented
the general indifference with which these valuable relics of a
former day are treated : not only in most cases is no care shown
to preserve them, but they are often destroyed with a reckless-'
ness, which, irreparable as its consequences frequently are, can
scarcely be excused under the plea of ignorance.
* Vid. his life in Saunderson's Biog. of the Signers,
B B

191 11 IK LIFI, OF

zcns. W Jicii lie was recalled Irom Congress, the
instructions under which lie acted did not autliorize
him to accede to any final measure. The dele-
gates who wore thus rnipowored received their
appointment from the [Provincial Convention on the
21st of June,* and the following letter to Sanmel
Tucker,t president of that body, dated Brunswick,
9th August, 1776, shows him to have been some-
what irritated at not being allowed to return to
Congress, to act under those instructions. It may
have been supposed that he would be more useful
in his military command, than in voting upon a
question already decided. After denying one or two
imputations of language disrespectful to the Con-
vention in a previous letter, he continues : — " With
respect to what was said about the delegates for
the Congress, I did really mean to resent the con-
duct of those of your members who assigned the
my being appointed to the command of that brig-
ade" (probably a brigade destined for New-York)
" as a reason against my beipg eligible as a mem-

* This delegation, consisting of Witherspoon, Stockton, and
othersi arrived after the Declaration had been signed, but were
allowed to affix their names to it. — Vid. R. II. Lee's Mem. vol. i.
p. 183.

t The case of Tucker is a strong one to show the panic which
seized many of the leaders of the whig party, on the invasion of the
British. He was president of the Convention which formed the •
constitution of ihe State, and was in the fall of 1776 appointed
treasurer, and subsequently judge of the Supreme Court ; but in
December he took a protection from the British, and thus vacafed
his offices; — Vid. Jour. N. J. Assem. 17th Dec. 1777.

WILLIAM LIVINGSTON. 195

ber of Congress, when I had plainly refused that
command in the presence of the Convention."

Early in June, as has been stated, Mr. Living-
ston took . post at Elizabethtown, as commander-
in-chief of the New-Jersey militia, there being at
this time no other state officer of equal rank with
himself. Ehzabethtown Point, one of the most
exposed parts of New-Jersey, on the side of the
expected invasion, had been among, the earliest to
be put in a state of defence, and the importance
of the post was about this time (28th June) very
much increased by the arrival of Sir Wilham Howe
off Staten Island.*^ From this period, indeed, the
command was one of incessant vigilance and anx-
iety, and nothing but an earnest desire to answer
every call made upon him by his country, could
have induced Livingston to accept a situation
which, as his letters show^ was extremely irksome
to him. All the habits of his life were averse to
his present occupation, and although not called
into active service, still in the fidelity with which
he discharged the new duties incumbent upon him,
in his strenuous endeavours to imbody and to dis-
cipline the militia of his colony, we find that spirit
and capability of adaptation to circumstances

* An anecdote is told of the fortification of this post, illustra-
tive of the crude military knowledge of the Americans. The
persons to whom the duty was intrusted thought that all was
completed when ditches were dug, and ramparts thrown up,
across the principal roads ; " forgetting," as my informant said,
" that the, enemy could jump over the fence."

A^..

c^.i. r/j..., :._./. /-

196 TUF. I.IFF. OF

which supply porhnj)s tlic l)OSt tost and definition
of genius.

The effects of war upon private comfort and
happiness soon made thcnisclves apparent. Mr.
Livingston's family about this time aljandoned their
home, which was no longer considered a safe resi-
dence, and for four years they made no other than
transient visits to it.* On the 28th of June, Adjutant
Joseph Reed was sent over to Elizabethtown by
Washington to confer with General Livingston on
the subject of calling out the mihtia; and the fol-
lowing letter written about this time will show
some of the difficulties which embarrassed the
resources of the province.

" TO GENERAL LIVINGSTON.

" Lebanon township, Hunterdon co. )
June 30, 1776. S

" Dear General,

" Being called into this part of the country upon

some private business of my own, and having the

general good always at heart, I have taken some

* The winter of 1776-77 was spent by Mr. Livingston's fam-
ily among their relatives at Baskenridge, in Somerset county.
In the next spring Mrs. Livingston, liking the proximity of the
American army almost as little as that of the enemy, determined
to return to Elizabethtown. She was actually on her way
thither with her daughters, when she was met by General Wash-
ington, who representing the great risk she would run in her own
house, she changed her purpose and fixed her residence at Perce-
pany, where the family principally spent the next three and a
half years.

WILLIAM LIVINGSTON. 197

pains to inquire as to the state of the new levies, and
from what I can collect, 1 believe the companies in
this county are not above half full, although some of
the companies have augmented the bounty to eight
pounds prock.* In Somerset, I believe, 'tis not
much better. * * *

" There are numbers of tenants that say if they
are taken away at this season of the year, they
may as well knock their families in the head, for that
they will be ruined. At a muster some time past,
in order to recruit men, one half of two companies
came with clubs ; Colonel Johnson was knocked
down by them, and was afterwards obhged to re-
treat ; the same day one of the captains was much

beat by them. has been to Congress, and

has obtained an order for taking them up. * * *
When the militia collected they dispersed, and
several that were called tories have since appeared
to be staunch whigs, and as long as they are kept
in fear, I suppose will continue such. * * . *

"Edward Thomas."

Livingston's letters written about this" period
show the anxiety with which he devoted himself
to the cause. " I must acknowledge to you," he
says in a letter to the provincial Congress of the
6th of July, " that 1 feel myself unequal to the pres-
ent important command, and therefore wish for

* Proclamation money, issued by the colony, and afterwards by
the State.

198 IHR LIFK OK

every assistance in my power. I could wish to
have the Congress nuirh nearer. Tlie number of
men tliat arc now in the service here loudly call
for more ample suj)plies of almost every neces-
sary (except provisions) than can be obtained here,
such as ammunition, flints, arms, and indeed stores
of every kind, an attention to which I cannot give in
the manner I could choose in the present exigency."
In a letter to the president of the provincial
Congress, dated the .3d of July, he says, " The
difficulty of sending so many expresses to every
quarter leads me humbly to suggest the propriety,
at least, if not the absolute necessity, of removing
your sessions to some place nearer the scene of
action," The Congress was at this time sitting at
Burlington ; the force of the arguments used to
persuade them to approach nearer to the lines,
induced them to adjourn to Trenton, on the 4th
of July, and finally to remove to New-Brunswick
on the 22d. It may be here mentioned that Elias
Boudinot, subsequently conspicuous in our his-
tory, was at this time General Livingston's aid-
de-camp.

In compliance with the repeated wish of Living-
ston, General Hugh Mercer was, on the 6th of July,
detached from New-York to New-Jersey, and after
spending a day or two together in conference at
Ehzabethtown, the latter proceeded to Amboy,
thus relieving General Livingston of a portion of
his difficult duty. If all the letters of Washington,
Reed, Mercer, and Livingston himself, belonging

WILLIAM LIVINGSTON. 199

to this period, which appear important or interest-
ing, were to be printed, this volume would be
swelled far beyond its prescribed Hmits. 1 must
therefore hurry on to the entrance of the subject
of this memoir upon a new sphere of action.

About the middle of August, a large portion of
the mihtia of New-Jersey was imbodied, a flying
camp organized, several new general oflicers called
into service, and Livingston's command was re-
duced to the post at Elizabethtown, held by a force
varying from a thousand to fifteen hundred men.
The situation seems still to have been sufficiently
arduous, and the following letter to William
Hooper, delegate in Congress from North Caro-
lina, will best show its character.

" Camp at Elizabethtown-Point, )
29th August, 1776. )

" Dear Sir,
" I received yours of yesterday's date, just after
I had got into my new habitation, which is a
marquee tent in our encampment here. You would
really be astonished to see how grand I look,
while at the same time 1 can assure you 1 was
never more sensible (to use a New-England
phrase) of my own nothingness in military affairs.
I removed my quarters from the town hither to be
with the men, and to enure them to disciphne,
which by my distance from the camp before, con-
sidering what scurvy subaltern officers we are
ever like to have while they are in the appointment

'^$s:tS^. ^4r^^^^y^-^m /^aa^^j^:^^

200 THK I.IFK OF

of the mobility, 1 rouiul it iinpossiblt: to introduce.
And tlu; worst nion (was tliorc a dc<rroc above the
superlative) would be still pejorated, by having
been fellow-soldiers with that discipline-hating,
goodliving-loving, "to eternal fame damnM," cox-
combical crew we lately Jiad here from Philadel-
phia. My ancient corporeal fabric is almost
tottering under the fatigue I have lately undergone :
constantly rising at 2 o'clock in the morning, to

examine our lines, which are and

very extensive, till daybreak, and from that time
perpetually till eleven in giving orders, sending
despatches, and doing the proper business of
quarter-masters, colonels, commissaries, and 1
know not what. * * *

'• 1 have not been able to learn the particulars
of Colonel Tidwitz's crime. The report here is,
that he was bribed by Governor Tryon to poison
the well in the fortress he commanded, and that
the letters were intercepted, and the poison was
actually found in his chest ; but it is folly to depend
upon reports. When I can learn the particulars
in a manner authentic, I shall be happy in finding
an excuse for troubling my friend with another
letter from

" Your most humble Serv't,

"WiL. Livingston.'*

The following description of the battle of Bush-
wick by an eyewitness will, perhaps, best close
this portion of my narrative.

^ fv ^ •<< V v^^'* N . ^.1 /•*. >vV .' V\%

william livingston. 201

" to general livingston.
" Dear Sir,
« Though I am much fatigued, not having had
my cloaths off since Monday evening, and no sleep
for two nights, I sit down chearflilly to comply
with your request. On General Green's being
sick, Sullivan took the command, who was wholly
unacquainted with the ground or country. Some
movements being made which the general did not
approve entirely, and finding a great force going to
Long Island, he sent over Putnam, who had been
over occasionally : this gave some disgust, so that
Putnam was directed to soothe and soften as much
as possible. In this condition things were, and
growing more critical. Lord Stirling went over;
some regiments were also sent : they were ordered
to lay in a wood near Flatbush; but the road
from Jamaica having been neglected, they were
surprised on Tuesday morning. The picquet of
800 men, I fear, mostly ran off at the first fire ; but
several regiments being ordered out, and ignorant
of the Jamaica rout, as soon as they engaged they
found themselves surrounded, so that they were
obhged to cut their way thro'. Many of them,
behaved well and have suffered accordingly. Our
loss I compute at 700 men, 2 general officers,
Sulhvan and Stirling; 9 colonels and lieutenant-
colonels, 2 or 3 majors, and several other officers.
The two first are prisoners and well used ; we had
a letter from Sullivan yesterday. Colonels killed
and missing are Atlee, Miles, Piper, Parry, (killed).

202 THi: LIFE OF

Lieutenant-colonels .loliiison. Lutz. Kacklin, Clark,

Major Hiird. and one or luo I don't

The principal loss lias fallen on 1st Pennsylvania
Battalion. Allee. Sniallwood. Hiintiniiton, and Has-
let's, all of whom behaved so as to command the
admiration of all those who beheld the engage-
ment. My lord,* who loved discipline, made a
mistake, which probably aflected us a great deal :
he would not suffer his regiments to break, but
kept them in lines and on open ground. The
enemy, on the other hand, possessed themselves of
the woods, fences, &c., and having the advantage
of numbers, perhaps ten to one, our troops lost
every thing but honour; his personal bravery was
very conspicuous. As this wood made a capital
part of the Jjong Island defence, and Lord Howe
was every day attempting with the wind ahead to
get up to town, it became a serious consideration
whether we ought to risk the fate of the army, and
perhaps America, on defending the circle of about '
three miles, fortified with a few strong redoubts,
but chiefly open lines. When the heavy rains
came on, not half of the men had tents; they lay
out in the lines, their arms, ammunition, &c. all
got wet; they began to sink under the fatigues and
hardships. The enemy at the same time possessed
themselves of a piece of ground very advantageous,
and of which they had , We were there-
fore reduced to the alternative of retiring to this-

* Lord Stirling, no doubu

WILLIAM LIVINGSTON. 203

place, or going out with to drive

them off; it was unanimously agreed to retire, and
measures taken to execute it, which was done, in
the face of their army, so effectually that between
sunset and sunrise our men, ammunition, all our
artillery (except 5 pieces of heavy cannon), the
greatest part of our prisoners, were got off un-
discovered and safely landed here. We shall now
therefore have our whole strength collected to-
gether, and govern ourselves accordingly. We
took 30 prisoners, and 1 officer from the enemy,
and have reason to think their loss also consider-
able. In Gen. Sullivan's note he says. Lord Stir-
ling will be exchanged for either of their brigadiers;
from which we suppose two are killed, as they are
not in our hands. A sergeant brought in a laced
hat, shot through, and the name of Colonel Grant
wrote in it, from which we suppose he is certainly
killed, and may be Gen. Grant, since promoted.

" 1 have given you the substance, and I believe
it is pretty exact.

" I am, with great truth and esteem, &c.,
" Your most obed. humble Serv't.

"Jos. Reed.

« August 30th, 1776."

204 THE LIFE OF

CHAPTER VII.

General Livingston clprted Governor of the Slate of New-Jersey
in August, 1776 — His Exertions to rouse the People — Battle of
Trenton — Letter from Lord Stirling — Notices of that Officer's
Life. 1777— Difficulties of the Government of the State— Let-
ters from Washington and Putnam — Militia Law — The Coun-
cil of Safety — Livingston's Hostility to the Tories — Letter from
Brockholst Livingston — Notices of his Life — Livingston unani-
mously re-elected Governor in November — Contributes to the
New-Jersey Gazette, under the signature of Horientius.

The first Legislature of New-Jersey, chosen
under the republican constitution, which had been
promulgated on the 2d July,* assembled at Prince-

• The Declaration of Independence was made on the 4th of
July, 1776. The confederation was acceded to, at diflferent
periods, from 1778 to 1*81. Were not all the States — was not,
for instance, the Stale of New-Jersey an absolutely sovereign
power, from the 2d July, 1776, to November 26th, 1778 (at
which lime her delegates signed the articles of confederation) ?
If not so independent, upon whom did she depend ? The Decla-
ration of the 4lh of July, although made for greater effect
jointly, certainly formed no union of the colonies, any more than
the non-importation agreement signed by the members of the
first Congress. Moreover, some of the stales had completely,
and all of them partially, established separate independent gov-
ernments prior to the Declaration of Independence. New-
Jersey, on the 28ih of June, autliorized her delegates to accede
to the separation, and her present constitution bears date the 2d

WILLIAM LIVINGSTON. 205

ton on the 27th August, 1776, and on the 31st of
the same month, in joint ballot of the Assembly
and Legislative Council, William Livingston was
elected governor of the new state. Within a few
days after receiving the intelligence, General Liv-
ingston resigned his command at Elizabethtown,
and repairing to Princeton, was on the 7th Septem-
ber inaugurated in his office.

The opposing candidate at this election was
Richard Stockton, well known as one of the signers
of the Declaration of Independence. On the first
balloting the votes were equally divided,* and it
was not till the next day that the two parties coa-
lesced in support of Mr. Livingston. The defeat
of the unsuccessful candidate has given rise to a
charge against his patriotism, first, I believe, stated

July. Even if the Declaration formed a union (of which it pre-
scribes no terms, and for the violation of which it provides no
penalty), was not New-Jersey an independent power from the
28th of June, or the 2d of July to the 4th July ? Nor are these
questions to be derided as metaphysical. Were the States now
forming the union ever, though but for a day, sovereign, self-ex-
istent communities 1 Did they accede to the constitution as such
sovereign, self-existent communities? These propositions are
matters of fact — they must be determined before any accurate
idea can be had of the constitution ; and accordingly as they are
differently answered, will our opinions of the rights of the States
and the powers of the federal government widely and most ma-
terially differ.

• Vid. the printed minutes of the joint meeting in N. J. State
Library at Trenton.

206 THF. LIFE OF

by Gordon,* and wnrnilv doniod by tlic writer in
Saundcrson's Hio^rraphy of the Signers. It is not
my place here to go into any defence of Mr. Stock-
ton against an accusation on its face not very
probablo. and which would ahnost appear to be
refuted by tiic liereditary character of his family.
On tlie contrary, it speaks highly for Mr. Living-
ston, that a residence of but four years in New-
Jersey should have enabled him to obtain a ma-
jority over a native of the province, who had been
one of its judicial officers under the crown, and
who was held in sufficient consideration to be
elected chief justice of the State by this same
Legislature, the day after his defeat as candidate
for the office of governor; and we are easdy re-
conciled to the hard-won success of Mr. Living-
ston, in this instance, over such an antagonist, when
we know that all his subsequent elections were
unanimous or obtained by large majorities.t
On the 13th of September, Governor Living-

• Hist. Am. Rev. ed. 1788, vol. ii. p. 300.

t Among Governor Livingston's MSS. I have the answer of
John Stevens to the memorial of the Hon. R. Stockton. It is
addressed to the Legislature, and is connected with this subject.
I am told by a person formerly intimate with John Cleve
Symmes, at this time a member of the Council, that he often said
between jest and earnest, " that he made Mr. Livingston
governor." Whether by this is meant, that on the final vote,
Gov. L. had only a bare majority, or that Mr. Symmes induced
the adherents of Mr. Stockton to join those who were in favour
of his rival, I doubt whether there are now any means of ascer-
taining.

WILLIAM LIVINGSTON. 207

ston delivered to the Legislature his first speech.
It was an earnest of his after-course. "Let us,
gentlemen," so closes this earnest call for their
warmest sympathies, and most vigorous exertions
in the American cause, " both by precept and prac-
tice, encourage a spirit of economy, industry, and
patriotism, and that public integrity and righteous-
ness which cannot fail to exalt a nation ; setting
our faces at the same time like a flint against that
dissoluteness of manners and pohtical corruption
which will ever be the reproach of any people.
May the foundation of our infant state be laid in
virtue and the fear of God, and the superstructure
will rise glorious and endure for ages. Then may
we humbly expect the blessing of the Most High,
who divides to the nation their inheritance, and
SEPARATES the SOUS of Adam. In fine, gentlemen,
while we are applauded by the whole world for de-
molishing the old fabric, rotten and ruinous as it
was, let us unitedly strive to approve ourselves
master builders, by giving beauty, strength and
stability to the new." From an expression in this
paragraph, and from his inflexible impartiality, the
new governor was for some time after this famil-
iarly known among the people of Jersey by the
name of " Doctor Flint ;" and an anecdote is told
of iMr. Ames, from some momentary confusion of
ideas, " setting the table in a roar," at a dinner in
New-York where he met Governor Livincrston, by
asking "Dr. Flint, whether the town of Trenton
was well or ill disposed to the new constitution."

208

THE LIFE OF

The foIlowinfT letter is from Brigadier-general
Maxwell, a native of tlu^ State of New-Jersey,
at this time I believe holding the rank of colonel,
and who proved himself a higbly respectable officer
on more tiian one occasoin during the war.

'"to governor livingston.
" Sir,

" I heartily congratulate vou on the honourable
promotion you have had, viz. to be the first governor
of the free State of New-Jersey : as it is a plant
you have had a great share in raising and pruning,
I wish you sincerely a long and happy enjoyment
of the fruits of your labour.

"1 will try to give you some account of our affairs
here at present, in a private way. You must have
heard that a few days ago we had a fine fleet and
tolerably good army. But General Arnold, our evil
genius to the north, has with a good deal of industry
got us clear of all our fine fleet, only five of the most
indifferent of them, one row-galley, excepted; and he
has managed his point so well with the old man,
the general, that he has got his thanks for his good
services. Our fleet, by all impartial accounts, was
much the strongest, but he suffered himself to be
surrounded between an island and the main land,
where the enemy landed their men on both places,
and annoyed our men from both places, more than
from their vessels; but still our people repelled
them with ease the first afternoon. In the night,
he gave orders to every vessel to make the best of

WILLIAM LIVINGSTON. 209

their way, by which they became an easy prey, beat
by one, twos, and threes, and ran them on shore, or
destroyed them all: but one row-galley fell into
their hands. This was a pretty piece of admiralship
after going to their doors almost, and bantering
them for two months or more, contrary to the
opinion of all the army. Had we our fleet here
we would give ourselves but little concern about
the enemy.

" If they do come and attack us, as is gener-
ally thought, we have no more opinion of his abili-
ties by land than water. I am something of opin-
ion they will not come, but be contented for this
time, as they have done more than they had any
reason to expect. I am, sir, your most obedient
humble servant, Wm. Maxwell."

" Ticonderoga, 20th Oct. 1776." i

It becomes somewhat difficult to do justice to
that portion of Governor Livingston's life upon
which we now enter, without going more at large
than is desirable, into a narrative of those facts
which properly belong to a history of the revolu-
tionary war, the principal scenes of which, for two
years subsequent to this period were acted in New-
Jersey.* A glance at the principal events of the

* A minute and accurate account of the war in New-Jer-
sey, is still a desideratum in our history. The papers of Wash-
ington, Stirling, Greene, Livingston, Putnam, and Mercer, if pre-
served, would probably furnish ample materials for the under-
taking.

210 THK LIKI. OF

campaign ol I77(> will ^liow liow important tlie
administration of llic State liad now become,
and how nuicli depended upon the ability, in-
dustry, and devotion of the governor. On the
lilleenth of September tlic city of New-York
fell into the hands of the British; two months
were consumed by the hostile armies on the east
bank of the Hudson : but when, on the sLxteenth
of November, the fall of Fort Washington was
followed by the passage of the Hudson under
Cornwallis, by the abandonment of Fort Lee,
and by the rapid retreat of the American troops,
the scene of action was immediately transferred to
the heart of New-Jersey.

Governor Livingston made the most strenuous
exertions with the Assembly and with the people,
to have the militia in the field in time to oppose
the invading force. In addition to writing person-
ally to all the State officers of the rank of colonel,
he issued printed circulars in his own name in
every direction, to arouse and keep ahve the spirit
of resistance.* But the efforts of the few could
not control the panic which had seized upon the
mass of the population. This was the most
gloomy period of the war. The bare-footed and
ragged American army retreating before the well-
appointed troops of the enemy, impaired the con-
fidence of the people, not less in the ability of
Washington than in their o^vn resources. The

* Sonic of tlicse circulars stillremain among his MSS.

WILLIAM LIVINGSTON. 2H

defenceless Legislature, with their governor at
their head, wandered from Princeton to Burling-
ton, from Burlington to Pitt's Town, from Pitt's
Town to Haddonfield, and there finally, at the
utmost verge of the State, dissolved themselves on
the 2d of December, leaving each member to look
to his own safety, at a moment when the efforts
of legislators could be of no avail, and when there
was no place where they could safely hold their
sessions. There scarcely remained a vestige of
the lately constituted government, or any who
owed it allegiance, and until the battle of Trenton
(25th of December), New-Jersey might have been
considered as a conquered territory. This suc-
cess revived the hopes of the Avell-affected. The
British retreated, and of the conquest then wrested
from them, they never again repossessed them-
selves. The following letter from Lord Stirhng
will serve to illustrate the spirit w^hich the victory
alluded to infused into the Americans.

" TO GOVERNOR LIVINGSTON.

"New Town, December 28th, 1776.
"My DEAR Sir,
" I dare say you have heard of our little expedi-
tion to Trentown, on the night of the 25th ; the
result was, that we made a most complete surprise
on them, and have taken and killed at least 1200
of the best of Hessian troops, with their artillery and
stores. The effect is amazing, the enemy have
deserted Borden Town, Black Horse, Burlington,

212 TMF. T.IFF OF

Mount Holly, and an' i\vd to Soutli Amboy ; we are
now in possession of all those places, and the spirit
of tliat part of the country is roused ; every part of
New-Jersey will take spirit if proper measures be
adopted ; it will in New-Jersey now greatly de-
pend on your Legislature exerting themselves ; the
speaker of your Assembly has summoned its
members to be at the Four Lanes, about four miles
from hence on Thursday next ; it will be of infinite
use that you and some of your Council could be
there at the same time, in order to have an im-
mediate meeting of your Legislature. I hope we
shall soon be in full possession of New-Jersey, but
there is an absolute necessity of a new arrange-
ment of the officers of your quota of the troops
for the continental service. As things now stand
no man of spirit will serve, nor will any one exert
themselves in the recruiting service untill the ap-
pointments of officers is altered; if this is not
immediately done the force of New-Jersey is lost.
Come, for God sake, and see these matters regu-
lated, let merrit in service, and not dirty connec-
tions, take place. Excuse all this freedom ; I write
this at the request of General Washington, with a
very lame hand, but 1 hope it will be well enough
to give them another drubbing soon. I had the
honour to make two regiments of them surrender
prisoners of war, and to treat them in such a style
as will make the rest of them more willing to
surrender than to fight.

" Several regiments of the continental troops are

WILLIAM LIVINGSTON. 213

now in Morris county, and some in Bergen county.
If your militia would now exert themselves in small
scouting parties and fall on their detached canton-
ments, or their line of march in retreat, they would
be completely knocked up. Now is the time to
exert every nerve, and if we do, General Howe's
army will be ruined ; they will have no recruits in
the spring, and the next campaign will be our
own. God bless you: be active, and make the
State of New-Jersey what it ought to be.

" Most affectionately yours,

" Stirling."

The writer of the above letter, William Alex-
ander, better known by the title of Earl of Stirling,
of whom mention has been more than once made
in this volume, the only son of James Alexander,*
was born about the year 1726.

In or about 1747, he married Sarah, daughter
of Philip Livingston, second proprietor of the
manor, and thus became allied to the subject of
this memoir. He commenced business as a mer-
chant in New-York, and we have already seen that
in the colonial politics he espoused that side
which was maintained by his relatives of the Liv-
ingston family. In 1 755, Mr. Alexander was ap-
pointed by General Shirley one of the army con-
tractors. In the course of the next year, he totally
relinquished his commercial business, and be-

* For a notice of this eminent New- York lawyer, vid. chap, it

214 THF. r.iFF or

crimo private secretary to tlie commander-in-chief.
About tlie same time lie was made surveyor-f^^en-
eral of the Eastern division of New-Jersey, by the
proprietors. The taste for mathematics, and the
dexterity in tlioir practical appHcation, which lie in-
herited from hif? father, rendc-red tliis appointment
peculiarly appropri;ite.*

In September, IT-OG, Mr. Alexander accompa-
nied Shirley to England, partly to vindicate the re-
putation of the latter from the aspersions by which
it had been assailed, and partly to assist in settling
the army accounts, which had become very com-
plicated. In connexion with these affairs, he
was, in the spring of 1757, examined at the bar
of the House of Commons.! While in England
he was induced, as it is said, by the persuasions of
Shirley to lay claim to the Scottish earldom of
Stirling, of which he bore the family name, and
which had been in abeyance since 1739. With
the assistfince of his counsel, Mr. Wedderburne,
afterwards Lord Loughborough, Mr. Alexander
succeeded so far as in 1759 to establish his direct
descent from the titled family before a jury of ser-
vice, as required by the Scottish law. Upon this,
the final event of the application being deemed
certain, some of his friends gave him the title in

* A calculation of the transit of Venus, made by Lord Stir-
ling in 1769, which is preserved in the N. Y. Hist. Soc. Library,
may be mentioned as a proof of his mathematical proficiency.

t I have a curious MS. letter from Wm. Baker, an army con-
tractor, to Christopher Kilby, relating to this examination.

WILLIAM LIVINGSTON. ^15

their intercourse with him, and he incautiously
adopted it. This, it seems, was done about the
same time by several other claimants of peerages.

The matter was yet, however, to undergo the
final decision of the British House of Peers, as, if
1 rightly understand it, there were conflicting grants
of the earldom. While the question was yet pend-
ing, in October, 1761, Lord Stirling, as subsequently
he was most commonly designated, left England
for America with the intention of returning, which
was, however, frustrated. An order was shortly
afterwards made by the House of Lords, forbid-
ding all claimants of peerages to use the titles to
which they pretended, until their rights were es-
tablished. With this order Lord Stirling did not
comply, and his disobedience may have had its
influence in the final decision, which was unfavour-
able to him. The title was, notwithstanding, as
we have said, given to him by courtesy through
the remainder of his life. It may be here remarked,
that up to this date,* the right to this earldom is
still undetermhied, a new claimant having recently
assumed the title.

Shortly after his return to America, Lord Stir-
ling removed to Baskenridge, in the county of
Somerset, in the colony of New-Jersey, where his
father had owned extensive tracts of land; and
being soon afterwards appointed a member of the
king's council, he remained at this place until the
revolution. His letters to the Lords Bute and

* 1832 — as a]:)peafs by an English newspaper.

2H) Till, 1,11 1; OF

Shelburnr, some of wliicli remain, show an earnest
desire to develop the resources of this colony.
He made a map of the province, and endeavoured,
so far as liiy in his power, to foster its manufac-
tures. In the year 177:3, he actively exerted hnn-
self in endeavouring to discover the agents in the
robbery of the treasury, a circumstance already
spoken of.

Lord Stirling seems to have taken no part m the
revolutionary contest until alter the battle of Lex-
ington, in October, 177.'5, we find him colonel of
the militia of the county of Somerset, which rank
was subsequently confirmed by Congress,* and in
December of the same year, he was suspended by
Governor Franklin from his seat in Council. In
January, 1776, he received the thanks of Congress
for the capture of the ship The Blue Mountain Val-
ley^ which, with the aid of several gentlemen volun-
teers of Elizabethtown, he surprised and brought
in a prize.

In March following. Lord Stirling was appointed
a brigadier-general in the continental service, and
immediately went over to New-York, to assist in
the defence of that city. During the war he saw
as much personal service as almost any officer of
his rank. In August, he was taken prisoner at the
battle of Bushwick, on Long-Island.t Being soon

* Journal 7th November, 1775.

t At this battle the body which Lord Stirling commanded was
immediately opposed by General Grant, spoken of in Reed's
letter, (vid. sup. p. 203) who had, some years previous, offered

WILLIAM LIVINGSTON. 217

after exchanged, he immediately resumed his com-
mand, and had an important share in conducting
the retreat through New-Jersey. He was, as we
have seen, present at the battle of Trenton, and was
also at that of Princeton. In February, 1777, he
was made a major-general, and fought at Brandy-
wine . and Germantown in the course of the
same year, in July, 1778, he was present at the
battle of Monmouth, and received the thanks of
Congress for his attack on Powles-hook in 1779.
During the remainder of the war, Lord Stirling
was attached to the northern branch of the army,
and had not the good fortune to share in the hon-
ors of the southern campaigns. It is not, how-
ever, our province to sketch his military services.
He died at Albany, while in the chief command of
the northern department, on the 15th of January,
1783.

Lord Stirhng was highly esteemed as an officer
and a man. His efforts to obtain the title induced

in his place in Parliament, with five regiments " to drive the
rebels into the sea." Immediately previous to the commence-
ment of the action, Lord Stirling, who had known Grant in
England, is said to have ridden in advance of his troops, and
after courteously saluting the English commander, to have turned
to his men, and reminding them of the arrogant threat, exhorted
them to fulfil the menace upon the enemy. The anecdote may
be true, though it savours a little of what in theatrical language
is called " getting up ;" while, perhaps, at the same time it
illustrates as well as if it were more certain, marked and well-
known traits in Lord Stirling's character.

E E

218 THF, LIFK OF

pecuniary sacrifices, ami iiivolvtul liiiii iii (;mbar-
rassments wliich cast a shade over the latter part of
his Ufe ; but however we may now smile or wonder
at such costly efforts to obtain a barren peerage,
we shall not forget the greater losses he risked,
and the more perilous endeavours he made, to
establish a government which confers no higher
title than that of American citizen. His courage
was distinguished ; even the scurrilous and abu-
sive Cow-Chase (which no one can read without
lessening his sympathy for the unfortunate Andre)
gives him credit for the most entire bravery.
Perhaps this short sketch of one of the most dis-
tinguished officers of the revolution may be best
closed by an extract from a letter of condolence,
written by General Washington to Lady Stirling,
immediately after her husband's death. It is dated
Newburgh, 20th January, 1783, and ends thus: "It
only remains then as a small, but just tribute, to
the memory of my Lord Stirling, to express how
deeply I share in the common affliction, on being
deprived of the public and professional assistance,
as well as the private friendship, of an officer of so
high rank, with whom I had lived in the strictest
habits of amity ; and how much those military
merits of his lordship, which rendered him re-
spected in his lifetime, are now regretted by the
whole army."*

* The original of tliis letter is now in the possession of a
grandson of Lord Stirling. From the MSS. of the N. Y. Hist.
Soc, which have furnished the materials of this meager sketch.

WILLIAM LIVINGSTON. 219

The victories of Trenton and Princeton, in-
spiring, as they did, the people with the utmost
confidence in their mihtary defenders, rendered
the British position in New-Jersey untenable.
Their troops retreated to the northern part of the
State, and although they were not entirely with-
drawn till some months later,* yet the most im-
portant section fell back immediately into the
hands of its rightful owners. As the State re-
mained in nearly the same condition during the
rest of the war, it may be proper here to give such
a sketch of its situation as will serve to show the
nature of the government, and the character re-
quired rightly to discharge the duties attached
to it.

During the next six years, as we have said, New-
Jersey was the frontier state, and exposed to all
the miseries of a frontier warfare. At one time
the enemy lay both upon her northern and southern
boundaries, and her losses, in proportion to wealth

might be framed a much more complete and interesting memoir
of this officer ; his connexion with the colonial politics of New-
Jersey, and the military history of the revolution, could not fail
to render it interesting.

* In June, when Howe failed in his endeavours to bring
Washington into battle, he appears to have carried the main
body of his troops over to New- York, but, perhaps, a small
force remained in the State during the summer. On the 17th
September, 1777, General Philemon Dickinson writes to Governor
Livingston, " the enemy have crossed the North River, and totally
evacuated Jersey."

220 THK I.IIK OF

and population, were probably greater than tliose
of any other State, with the exception of South
Carohna. Tlie ofiicc of its governor was diffi-
cult and perplexing. The perpetual petitions for
passes across the lines, involving a troublesome
and invidious examination ol' the character of the
applicant ; the conflicting claims of the State and
the regular army upon prisoners; the constant
alarms of invasion on the part of the British ; the
urgent requests of the various counties for guards
within their limits; the maintenance of the out-
posts and the beacons in a situation to anticipate
these incursions ; the illegal and injurious traffic
secretly carried on with the enemy ; the constant
ravages of the refugee partisans; the bands of
robbers infesting the mountainous and wilder parts
of the State; the plunders committed under the
sanction of the American name; the frequent
quarrels between the militia officers, and the de-
mands for courts-martial; the prayers of the
prisoners in New-York for deliverance, and the
loud calls for supplies on the part of both the
State and continental troops, all by turns solicited
and distracted Governor Livingston's attention.*

• The following is a ludicrous specimen of the multitudinous
applications with which Governor Livingston was annoyed.

"Trenton May the 6—1782.
"Sir May it plaease your Excelexencey to Look att the
Destress of a solger that Has got the Child of another Man Bom
in this town and the Mother is Ded at Camp and tlie Child Maks

WILLIAM LIVINGSTON. 221

That through this maze of various duties Living-
ston successfully made his way, without abating
the least of a rigid honesty, which sometimes
necessarily assumed the appearance of severity, —
that he faithfully fulfilled the duties of his station,
and retained the affection and esteem of his fellow-
citizens unchanged, — speaks no more highly for his
merit than it does for their correct apprehension
of the only characteristics which could have suited
the time and circumstances.

It must be remembered also that the office of
arbitrator between small and conflicting interests ;
of adjudicator of petty and vexatious claims, while
pecuharly harassing, carries with it the least pos-
sible reward of reputation. All the requisites
essential to success in far greater and more im-
portant transactions are demanded here. The
weight of a reputation already established for
rigid integrity, a nice perception of character,
ability to command and equal ability to persuade,
were all, perhaps, brought into play, to settle
a question of precedence between two militia
captains, whose dissensions might have left an
important post unguarded.

On the part of his subordinates, Livingston had

Him usles to His Command as he does Not No what to Doo
with it May it pleas your Honer to assist him to Make the
overseers to take it from Him as he is a good solger and Has
No ways to suporte the poor Enfent.

"Patrick Murrey."

'2*22 THF. LIFF, OF

to i-ontcnd with dislioncsty and willul mismiinage-
ment, no loss than with inattention and criminal
good-natnro. '' Our patriotism," he says, a few
years later,* " is as much depreciated as our cur-
rency :"" and we meet repeatedly bitter complaints
of misconduct of every kind, wrung from him by
transactions which he daily saw taking place on
all sides of him, but which he had no power to
prevent. " It has been an affliction to me," he
writes, on the 23d of January, 1782, to the Rev.
Azel Roe, " that the exchange of our citizens in
captivity with the enemy, and the supplying them
with necessaries at the expense of the State, has
not been more attended to ; but this not being in
the department of the executive, I can only repre-
sent, recommend, solicit, reiterate, and grumble."
At the same time he construed the power con-
ferred upon him with the utmost closeness, and
never allowed himself to overstep its boundaries,
however tempting the immediate good which lay
in his reach. In January, 1778, writing to Lau-
rens, he says, " Between the boundless avarice of
many of our farmers, and the villany of many of
the gentry employed in public business, we are re-
duced to the most melancholy situation, from
which I foresee nothing short of the most vigorous
efforts can extricate us ; but as for measures un-
warranted by law, by civil officers, whose business
it is to enforce them — -fiat justitia et pereat mundus,^'*

* MS. letter to President Huntington, 29th of Oct. 1779.

WILLIAM LIVINGSTON. 223

The unmilitary conduct of the British troops, and
their brutal treatment of the inhabitants in their
march through New-Jersey, is fully and eloquently
described in a message sent by Governor Living-
ston to the Assembly at Haddonfield, on the 28th
of February, but as it has been recently repub-
hshed,* no extract from it is necessary in this
place. It may be here mentioned that the enemy
wantonly injured Governor Livingston's house at
Elizabethtown, and made several unsuccessful at-
tempts to set it on fire. The officer in command,
in the same spirit, gave the inhabitants leave to
cut wood from his grounds, but only one person
was found willing to avail himself of the permis-
sion.t

We have arrived at the moment when the tide
of success began to turn, and when a strenuous
effort was made by the leading men of the State
to secure the integrity of New-Jersey, and by de-
veloping to the utmost her physical and moral re-
sources, to make her a barrier against the advance
of the enemy, instead of a trophy of their success.
The subject of the militia early attracted their at-
tention. The ordinances of the convention regu-
lating it had proved inefficient, and among the first
matters urged by the governor upon the Legisla-
ture, on their assembhng (24th of January, 1777),
was the passage of such a law as should make it

* In Mr. Williston's Eloquence of the United States.
t MS. letter to Governor Livingston, 12th Jan.

221 TUl. I. IKK OF

every iiiair.s interest to be in the field, wliile it
should not di.-^nst the j)('(j|)le by unnecessary se*
verity. 0\\ tlie same d;iy I find Wasliington
writing to Governor Livingston as follows.

" Head-Quarters, Morristown, (
24lh Jan. 1777. S

- Sir,

" The irregular and disjointed state of the mili-
tia of this province makes it necessary for me to
inform you, that unless a law is passed by your
Legislature to reduce them to some order, and
oblige them to turn out in a different manner from
what they have hitherto done, we shall bring very
few into the field, and even those few will do httle
or no service.

" Their officers are generally of the lowest
class of people, and instead of setting a good ex-
ample to their men, are leading them into every
kind of mischief, one species of which is plun-
dering the inhabitants, under pretence of their
being tories. A law should, in my opinion, be
passed to put a stop to this kind of lawless rapine,
for unless there is something done to prevent it,
the people will throw themselves of choice into
the hands of the British troops.

" But your first object should be a well regulated
militia law. The people, put under good officers,
would behave in quite another manner, and not
only render real service as soldiers, but would pro-
tect instead of distressing the inhabitants.

WILLIABI LIVINGSTON. 225

" What I would wish to have particularly in-
sisted upon in the new law, should be, that every
man capable of bearing arms should be obhged to
turn out, and not buy off their service by a trifling
sum. We want men, and not money.

" 1 have the honour to] be,
" With the greatest respect, Sir,

" Your most obedient humble servant,'
(Signed) " Go. Washington."

Governor Livingston's message shows that he
fully coincided in the sentiments expressed in this
letter ; but experience alone was destined to con-
vince the people of New-Jersey of the necessity of
energetic and even rigorous measures. Peculiar
views of poHcy also concurred to recommend the
course of the Legislature ; their constituents had
just emancipated themselves from a government
charged with oppression and exaction; the new
system was a problem fully comprehended by
none; the respect and affection of its subjects
were to be secured by wisdom and moderation.
These considerations rendered it highly desirable
that the appearance of severity, even if necessary,
should be very gradually assumed, and that the
leaders should sedulously seek rather to obey the
voice of the people than to compel them.

The Quakers had from the commencement of
the contest shown great reluctance to enrol them-
selves in the militia, to the payment of pecuniary
compositions in lieu of service, and indeed to

F F

220 THE LIFE OP

every measure wliicli tended lo interfere witli their
peculiar tenets. General I'utnain, at this time
stationed ;it Princeton, irritated by the numbers
who held aloof from the standard, issued peremp-
tory orders to apprehend all delinquents, and to
exact personal service, or levy proportionate fines.
This measure, unwarranted as it seems by the or-
dinances of the convention, and repugnant to the
constitution, which guarantied the most entire
toleration of principle and practice, fell immedi-
ately under the notice of the governor.

He entirely disapproved of it, perceiving that
injurious as was the conduct of the Quakers, this
course could only tend to disgust the moderate
men of either side, without bringing into the field
any valuable recruits. He therefore wrote to Put-
nam, m"ging him to desist until the opinion of the
commander-in-chief could be procured. The old
soldier acquiesced, but does not appear to have
understood or relished the forbearance. His let-
ter is so characteristic that 1 have inserted it at
length.

"Princeton, 18th February, 1777.
I' " Dear Sir,

" I received your favour of the 1 3th instant by
Major Livingston, and should have answered it
sooner but was prevented by variety of business.

" 1 would by no means be thought an advocate
for pecuniary compositions in lieu of the actual
service of the mihtia; at a time like this, no sum
can be really equivalent. I detest the practice

WILLIAM LIVINGSTON. 227

of admitting it, and (as members of society) the
sect for which it was introduced. The distribu-
tion of these sums among the soldiery I consider
as an additional grievance, and sincerely wish they
were both exploded. By the former part of your
letter, ' It was my purpose to have all our militia
join the army :' by this 1 would have thought the
Quakers were not excluded — but the remark in
your postscript, that the Quakers cannot be com-
pelled to fight without violating those conscientious
scruples, &c., gives me to doubt whether money
may be deemed satisfactory, or these drones of
society permitted to remain unmolested.

" If compositions are allowed. Col. Cripps (or
some other person) must execute his orders. If
nothing is required, tender consciences will multiply
to an alarming degree, and backwardness indeed
take place. The Burlington militia were reluctant
chiefly on this account — and finally brought their
Quakers before me ; if I had detained them their
month, it must have been by keeping them con-
stantly under guard, but this would have been
gratifying spleen to very little purpose. I did not
ask them to fight, and they did not choose to fa-
tigue, but were willing to submit to the fine im-
posed by the State ; they did so and were dismissed.

" The Salem mihtia were in like manner uneasy
that the consciences of any should not only tie
their hands, but screen their purses: that this
might not be entirely the case, I gave Col. Cripps
his orders. Far be it from me to pretend to coun-
teract any decree of the State, however absurd. I

228 THE LIFE or

stopped tilt; fines wliidi were levied, only till 1
could be satislied of the pleasure of the Legis-
lature. I knew the militia bill was before them,
doubted not this matter would be included,
and thought probably a resolution (disposing of
these compositions, if any were allowed to better
purposes) might be made previous to their being
collected, or becoming the property of the soldiers.
My sole view in Col. Cripps's orders was, in short,
to quiet the militia, and assist the service in a way
consonant to law. 1 beg to submit entirely to
your wisdom to pursue such measures as will most
conduce to these valuable purposes. I wish, how-
ever, to be informed if the law allowing pecuniary
compositions be still in force; and if it be, whether
all are not equally entitled to choose the penalty or
duty, or whether a part arc entirely excused.

" You are doubtless before this acquainted that
Major Dick* Stockton and his party are taken — the
prisoners were sixty-one, including officers. The
enemy had four killed and one wounded, supposed
mortally ; we lost one man. Among other articles,
sixty-three excellent muskets were brought off —
those are now in the hands of your militia, and if
Gen. Washington will permit, 1 would advise that
they be purchased by the State for their use.
" I am, sir,
" Your most obedient servant,

(Signed) " Israel Putnam."

• One of the numerous family of that name, from his treach-
ery called " Double Dick."

WILLIAM LIVINGSTON. 229

Washington coincided fully with Governor Liv-
ingston, and laid his commands upon Putnam ac-
cordingly. Writing under date of the 22d Febru-
ary, he says, " Your sentiments on the subject of
General Putnam's letter to you so exactly coin-
cide with mine, and your reasoning is so perfectly
just and full, that without any observations in addi-
tion, I have directed the general immediately to
put a stop to the practice of extorting fines from
the reluctant militia, and ordered him to take no
steps not strictly consonant with the laws of this
State."

Shortly after this I again find Washington writ-
ing as follows on the subject of the militia law. ^

" Head-Quarters, Morristown, )
8th March, 1777. )

« Sir, -^

" I this moment had the honour to receive your
two favours of the 3d inst. * * * How can an as-
sembly of gentlemen, eyewitnesses to the distresses
and inconveniences that have their principal source
in the want of a well-regulated militia, hesitate to
adopt the only remedy that can remove them!
And stranger still, think of a law that must neces-
sarily add to the accumulated load of confusion.
For Heaven's sake entreat them to lay aside their
present opinions, and waiving every other consid-
eration, let the public good be singularly attended
to. The ease they design their constituents by
composition must be debisive. Every injurious

230 Tirr. i.iff. of

distinction between the rirli and poor on^hl to he
laid aside now. Tlie enemy cannot remain nmcli
longer in their present situation. Their peace for
some days past indicates preparations to move.
When they do, your Assembly may perhaps wish that
their militia were in the field. I have endeavoured
to cut ofl' the comnmnication between Bergen and
New- York, having received intelligence of it a few
days ago.

" I have the honour to be, ;.]

" Your most obedient serv't, -i

(Signed) "Go. Washington." j

At length on the 15th of March, the long-ex-
pected act was passed. It was, as had been feared,
defective in admitting pecuniary composition in
lieu of service, and excited much regret and dis-
satisfaction in the minds both of Washington and
Livingston. On the 5th of April, the latter writes to
the former, " The act is extremely deficient, and
it has cost me many an anxious hour to think how
long it was procrastinated, and how ineffectual J
had reason to apprehend it would finally prove.
My only consolation is, that my messages upon
their minutes will show my sense of the matter,
and that I was not remiss in the strongest recom-
mendations to construct it in such a manner as
would have effectually answered the purposes
intended."

This dilatory and ineflicient proceeding is one
of many instances to prove that a want of energy

WILLIAM LIVINGSTON. 231

is the great practical (almost the only theoret-
ical) defect in governments radically democratic ;
and yet this tenderness exhibited by the delegate
towards his constituents, this unwilhngness to
enact harsh though necessary laws, is so inwrought
into all our institutions, and so inevitably follows
from a full and accurate representation, that it is
idle to regret it. Few would wish it altered, in
order to accommodate the government to those
rare emergencies when one more powerful is re-
quired.

At this same time, the Legislature, at the
recommendation of the Executive, passed another
act of a more energetic character, vesting in the
governor and twelve members, to be denominated
a Council of Safety, certain powers, enabling them
to act against the common enemy with greater
efficiency during the recess of the Assembly. This
act, the duration of which was limited to six
months, was highly approved by the zealous
whigs ; but the summary powers it bestowed upon
the Executive soon proved unacceptable to the
people at large. In June, 1780, Governor Living-
ston writes, " The tories are grown so impudent,
that nothing but another Council of Safety will
reduce them to order."

It may be here mentioned that on the 26th of
March in this year, commissioners from six States,
one of which was New-Jersey, met at York Town,
in Pennsylvania, for the purpose of regulating the
price of labour, manufactures, and internal produce.

xf "' ■ ^ / . ^ ■ • , -

232 Tnr. liff. of

111 this sclioino, — one of tlic many political nos-
trums, the futility of which an adecjuate knowledge
of the great science of economy would have ex-
posed, and the lineal descendant of which, in ourown
day, has but just received its death-blow, — Living-
ston placed some confidence. Governor Trum-
bull of Connecticut I find, a few years later, perhaps
enlightened by experience, expressing a more
accurate opinion.*

There was at this period no newspaper pub-
lished in New-Jersey,t but Governor Livingston
had already begun in the periodicals to make his
pen subservient to that cause in which he was
now completely engrossed. In February, 1777,
he published in Dunlap's paper, then printed at
Philadelphia, an essay entitled, "The Impartial
Chronicle;" satirizing the lying Gazette, edited
by Rivington at New- York. This was afterwards
repubUshed in Mr. Carey's American Museum.
It is the highest and holiest prerogative of litera-
ture to identify itself with, and to assist in the
propagation of those principles which are making
their way over every obstacle, and which are daily
enrolling new adherents under their standard.
^ In an elaborate message of the 28th May, Gov-

• MS. letter to Gov. Livingston.

t At least so far as I can learn. The date of the establish-
ment of the New-Jersey Journal, published at Chatham, by
Kollock, I do not know, nor have I seen its files. It was not,
however, the State gazette, and it does not appear that its
editor had any connexion with Governor Livingston.

WILLIAM LIVINGSTON 233

ertior Livingston commenced the determined hos-
tility to that portion of the citizens of his State
who had embraced the EngUsh cause, which, al-
though it provoked their bitterest hostility, and
subjected him to great personal inconvenience
and danger, he perseveringly maintained through-
out the war. On the 5th of June, the Legislature,
in compliance with his recommendations, passed an
act confiscating all the personal estates of the
refugees within the British lines, giving them a
certain period of grace, in which, without loss of
property, they might renew their allegiance to
the State of New-Jersey.

Upon the rising of the Legislature, on the 7th
of June, Governor Livingston returned, to the
northern part of the State, in the neighbourhood
of his family, and there remained, the greater
part of the time at Morristown, during the sum-
mer; moving about from place to place, as the
sittings of the Council of Safety, and the various
claims of his office required.

The following letter to him from his son, at this
time attached to the northern army, may prove not
unacceptable to at least a portion of my readers.

» Tycoiideroga, July 3d, 1777.

" Dear Sir^

" I wrote you on the 30th ult., advising you of

the approach of the enemy. On the 1st instant,

the second division of their army arrived in forty

batteaux, about 20 men in each, and landed on the

G G

234 THK LIFF- OF

eastern shore of the Juke, opposite the lliree-mile
point. Vester(hiy tliey received a third reinforce-
ment in sixty batteaux. They have done little yet
of any consequence, but continue playing their old
game witii the savages. Yesterday in the afteiw
noon a party of these, with some Canadians and a
few regulars, in the whole about 2.">(), under the
command of Capt. Frazier of the 47th, attacked
our picquet guard of 50 men, and drove them in,
then advanced, and for a short time kept up a
scattering fire on the French lines. Our troops
behaved with great coolness and resolution, and
after a few shot, made them retire to the woods.
The loss the enemy sustained in this little brush is
uncertain. We had one lieutenant and five pri-
vates killed, and a lieutenant and seven men
wounded. These little skirmishes arc of infinite
service to our troops, who are in general raw and
undisciplined. They serve as preparations to an
action of the last importance, which we have
reason hourly to expect.

" Two Hessians have deserted to us, both very
intelligent fellows — they agree thiat Burgoyne com-
mands the army, and under him, General Riedesel,
the German forces. Carleton has Staid behind as
governor of Quebec, and general of the troops in
Canada. They have brought all the Hessians
with them, in the whole seven regiments and one
battalion, besides four companies of dragoons —
their regiments consist in general of six hundred
men. Their dragoons are not mounted, but come

WILLIAM LIVINGSTON. 235

in expectation of getting horses at this place.
Their supply of provisions is very short, from
which it appears they mean a coup-de-main and
not a siege.

" We are daily receiving additions to our
strength. Col. Warner is expected to-day with
600 Green-Mountain boys. We all hourly look for
General Schuyler with a large body of mihtia from
below. The spirits of our men were much raised
yesterday with an account of a signal victory
gained by General Washington over the enemy.
We fired thirteen guns as a feu-de-joie on the occa-
sion, just as we perceived a reinforcement of the
enemy coming up. To-morrow we shall give them
a salute of the same kind, being the anniversary
of the ever memorable, the 4th of July, 1776, on
which day we broke off all connexion with slavery,
and became the free and independent States of
America.

" In a letter of the 26th ult., I told you of my
being a patient in the general hospital. I have
now the pleasure to inform you, my complaint is
removed and my health perfectly restored. In the
absence of General Schuyler, I have the honour of
acting as aid-de-camp to General St. Clair. You
know his abilities too well to be informed of them
by me. He is cool and determined, ever vigilant,
and unruffled by every appearance of danger.

" I flatter myself with the hopes of announcing
to you in a few days the welcome news of the
total defeat of the enemy.

2:j6

TIIF, I- IFF. OF

*' I am, dear sir, witli every sentiment of esteem
and atrcction,

'•'• Yours sincerely,

" H. B. Livingston."

The writer of the above letter, Henry Brock-
hoist, so named after his maternal uncle, the fifth
son, and ninth child of Governor Livingston, was
born at New-York, on the 26th of November, 1757,
and graduated at Princeton College in 1774.

Upon the breaking out of the war in the middle
colonies in 1776, and early in the summer of that
year, before he had reached the age of twenty,
young Livingston entered the army with the grade
of captain, and being selected by General Schuyler
as one of his aids, he attached himself to the
northern department with the rank of major. Dur-
ing this year and the next, he was busily occupied in
the duties of his station. Upon Schuyler's depar-
ture he became aid to General St. Clair, and was
present at the siege of Ticonderoga. On the 30th
June, writing to his father, he says, " I cannot but
deem myself very fortunate that sickness prevented
my return to Albany with General Schuyler, as it
has given me an opportunity of being present at a
battle in which I promise myself the pleasure of
seeing our arms flushed with victory."

These sanguine expectations were disappointed,
and he shared in the reverses of his commander.
Subsequent to this period, as aid-de-camp of
General Schuyler, he devoted much of his time

WILLIAM LIVINGSTON. 237

and attention to the interests of this officer, which
were at this time in an inauspicious condition. On
the 14th of September, 1777, he writes from Still-
water as follows : " We shall not decamp for
Philadelphia as soon as I expected. General
Schuyler is at Albany preparing for trial. As he
had not much business for me at that place, 1
obtained his permission to visit this army, and
Gen. Arnold having given me an invitation to
spend a few weeks in his family, I did myself the
pleasure to join him on the 9th instant. Though
my duty did not require my presence in camp, my
general being at Albany, yet 1 scorned to take
advantage of that privilege at a time when a battle
is hourly expected, and joined the army in the
character of a volunteer. This is not the first
time 1 have offered my services, trifling as they
are, in that capacity. My stay at Ticonderoga
was entirely voluntary, as Gen. Schuyler was
absent. Skenesborough, Fort Anne, and other
places can witness the same. I never screened
myself under the cloak of duty. 1 mention not
this by way of boasting, but only to convince you
I have been neglected. Gen. Schuyler's recom-
mendations in my favour have been repeatedly
neglected. I am happy that I shall soon have an
opportunity of leaving the army with honour to
myself and family, it being my fixed determination,
the moment my general resigns, to leave a service
where promotion goes by favour, and not by merit."
While he was thus attached to the northern

2;{}} TIIF. I.IFF. OF

urmy, lio sliared in tlu^ iiction ol the l*.)tli of
Septciiil)er, jind shortly aftcrw.irds returned to
his station, in attendance on General Schuyler.
About tiiis time lie was promoted to a lieutenant-
colonelcy.* After a short time spent at Philadel-
phia, Lieutenant-colonel Livingston was chosen
by his brother-in-law, Mr. Jay, then about to sail
as minister to Spain, to accompany him as his
private secretary. In October, 1779, he received
from Congress a furlough for twelve months, and
they left the country together, in the frigate Con-
federacy immediately afterwards. Many of Mr.
Livingston's letters written from Spain are still pre-
served, and they afford full proof of the character-
istic activity of his mind. In the early part of
1782, he relinquished his connexion with the em-
bassy and sailed for America.

He w^as captured on his voyage by a British
vessel, and carried to New-York, where he was
thrown into prison by the officer then in chief
command. Immediately upon the arrival of Sir
Guy Carleton, in May, he was liberated, as we shall
hereafter see. Very shortly after this he went to
Albany, to pursue the study of the law with Mr.
Peter Yates, and not long after the evacuation of
the city of New-York by the British, in November,

* Henry Beekman Livingston, who reached the rank of colonel,
and resigned his commission in January, 1779, served from the
year 1775, and the similarity of his initials with those of Gover-
nor Livingston's son creates some difficulty in tracing their
respective courses.

WILLIAM LIVINGSTON. 239

1783, Mr. Livingston commenced the practice of
his profession in that place. He was almost
immediately successful, and rapidly laid the foun-
dation of his subsequent fame and fortune. About
this period he dropped the use of his first Christian
name, and is therefore almost exclusively known
by his middle name of Brockholst.

In January, 1802, he took his seat as puisne
judge on the bench of the Supreme Court of this
State. In 1807 he was appointed associate justice
of the Supreme Court of the United States, in the
place of William Patterson, deceased. This sta-
tion Judge Livingston retained till his death, which
took place on the 18th March, 1823, while he was
attending at Washington in his judicial capacity.
The following extracts from an outline of his
character, pubUshed shortly after his death by a
member of tjie New-York bar, will convey the best
idea of this marked and influential man.* This
outline was written by one in no way connected
with Judge Livingston, — one who is now himself
beyond the reach of blame or praise, and of whom
it is but little to say, that his pure, elevated, and
comprehensive mind could never have stooped to
the admiration of any thing low or commonplace.
" Mature in years and ripe in fame and honors,
Brockholst Livingston having discharged his obli-
gations to society, has paid his debt to nature.
As a judge, his character was very peculiar and

* Vid. N. Y. Evening Post for 24th March, 1823.

210 TMK I. IKK OK

Strongly nijuked. lie was eminently a man of
genius, of strong, vivid, and rapid perceptions;
and the frankness of his character always prompted
the immediate expression of his convictions. Such
a disposition must of course, and not unfrequently,
induce mistakes. But here intervened a redeem-
ing principle, resulting from one of the most pecu-
liar characteristics of his happily composed na-
ture. He seemed to he without vanity. He did not
listen, or affect to listen, to arguments in opposi-
tion to his declared opinions merely from official
decorum ; but his mind was literally and truly open
to conviction. Others may have committed fewer
errors, but who has left fewer unrepaired ? The
kindness and suavity of his character were strongly
displayed in the discharge of his official duties.
At every moment of his life he was an amiable
and finished gentleman.

" To say that he was just and impartial, Avould
be low and inadequate praise. He was prompt,
laborious, and indefatigable. His own ease and
pleasure always gave way at the call of duty. In
his intellectual habits he was cautious, but not
timid. He looked rather to practical results than
to abstract principles. Nevertheless, his feelings
and opinions were decidedly of a liberal cast.

" Judge Livingston was eminently gifted with a
fine public and social spirit. This temper was
displayed in his zealous promotion of all liberal
pursuits and institutions. He was a generous
patron of literature, and the same spirit diffiised

WILLIAM LIVINGSTON. 241

itself through his whole character. It will be
gratifying to all the friends of Christianity that the
luminous mind of Judge Livingston assented to
its evidence, and that he made a public profession
of his faith.

" Any sketch of the character of Judge Living-
ston which did not mention his domestic qualities
would be unpardonably imperfect. In all the rela-
tions of domestic life — and it is there that a man's
true character is best known and its influence felt
— he was far above the reach of commonplace
considerations. He was ever most affectionate,
attentive, and considerate, exacting little for him-
self, and always consulting the interest and feeling
of his family. The main object of his life, at
least that which seemed to interest him most, was
to transfuse his own knowledge and character into
the mind of his children. Every hour that could
be spared from his public duties, and more than
could well be spared from the time necessary for
his relaxation, and the care of his health, was de-
voted to their education. If his example and pre-
cepts have their just influence, they will in some
good degree continue to them his presence and
supply his loss."

In July of this year, Burgoyne advancing at the
head of his army towards Albany, promulgated
his famous manifesto, conceived in terms of arro-
gance and menace, ill calculated to affect the peo-
ple whom he intended to terrify. In ridicule of it,
and to counteract whatever ill tendency it might

242 Tin: \avv ov

liave, Governor Livingston published a parody, the
broad liunioiir and sturdy whiggism of whicli was
nnich aj)j)laudcd at tlie time.

TJic iirst notice of" an attempt upon Governor
Livingston's Hfo or person, except the one men-
tioned by Galloway* in 1776, which I have found,
is in a letter from Ehslia lk)U(linot of the 27th July,
1777. The house in which his family were residing
at Percepany was surrounded in the night by a
party of refugees, who thought it safest to wait till
daylight to secure their prey ; but tradition says,
that his habits of early rising saved him from be-
coming a prisoner. His enemies overslept them-
selves ; and when the sun roused them. Governor
Livingston, unconscious of his danger, was upon
his w^ay to a neighbouring village.

On the 25th of June, 1778, Governor Livingston
writing to Henry Laurens, speaks of having been
annoyed by these rumors of plots for three months
previous, and says, " they certainly overrate my
merit, and 1 cannot conceive what induces them to
bid so extravagant a sum, having now raised my
price from 500 to 2000 guineas, unless it be that
Gen. Skinnert intends to pay his master's debts as
he has long been used to pay his own."

These reports, sometimes of attempts upon his
liberty, sometimes upon his life, coupled as they
were with the well-known rancor of the refugees^

* Vid. Galloway's Tracts.

t The commander ol' a refugee corps.

WILLIAM LIVINGSTON. 243

the imprisonment of Richard Stockton, and of
John Fell,* a member of the Council, both carrier!
off and thrown into close confinement in New-
York, during this year, harassed him, made his
residence, except when in the vicinity of the army,
dangerous, and subjected him to constant and
great inconvenience. All his vigilance was neces-
sary, and he more than once escaped but narrowly
from his pursuers.

Early in September, Governor Livingston met
the Assembly at Haddonfield, and in a speech de-
livered on the 3d of September, he again urged
upon them the defects of the militia law, and a
sedulous attention to those measures which the
difficult situation of the government demanded.
This address, which breathes throughout his deter-
mined attachment to the American cause, thus
closes, " May you still continue in whatever station
it shall please Providence to place you, to exert
your endeavours for the prosperity of a free and
independent people, and during the whole course
of the conflict may our creed be victory, and our

motto PERSEVERE."

The following letter from General Dickinson, of
the State troops, will show the continual alarms
which harassed New-Jersey. The menaces of
the enemy were often enough fulfilled to justify
constant wariness and apprehension.

* Message of Governor Livingston to the Assembly, 9th May,
1777, and Journal of Congress, 1777, page 3.

241 TIIF I, IFF OF

'• TO GOVERNOR LIVINGSTON.

"Trenton, 16ih September, 1777.
" Sir,
" A gentleman tliis moment arrived from Morris-
town informs me, that it was expected the enemy
would be in possession of the town very soon —
that meeting with little opposition from the country,
they had divided their forces into three divisions,
and intended to ravage the country — under these
circumstances, agreeable to the inclination of the
officers belonging to Col. Philip's battalion (the
only one here), I have ordered him to the eastward.
'Tis said confidently that the enemy are 4,000
strong in this State. The apprehensions of the
inhabitants are great. * * *

" I beg an answer to this letter with the utmost
despatch, that 1 may know what orders to leave for
those troops that assemble at this place. * * *
I must inform your Excellency all the Continental
stores from Philadelphia are sent to this place ;
this the enemy will soon receive inteUigence of
from their friends. When Philip's battalion par-
aded yesterday evening, not a single man from the
Trenton company appeared. His battalion con-
sists of about 200 men. Col. Reed told me his
would not exceed 100 men.

" 1 wish the Council were not so distant at this
critical time. We now feel in the most sensible
manner the defects of our militia law ; not a mo-

WILLIAM LIVINGSTON. 245

ment should be lost in forming a new one that will
compel the men to turn out.

" Your Excellency mentioned the green coats
from Staten Island; there are three or four times
their number of red ones, 'tis said.
" 1 am, in haste,

" Your Excellency's most obed't.,

"Philemon Dickinson."

The British forces were already on their way to
Philadelphia, and on the 26th of September, Sir
WilUam Howe entered that city. New-Jersey was
thus for the next nine months completely encom-
passed by the enemy, and suffered during that time
no less on her southern than northern frontier.

So valuable had been the services of Livingston
during the critical year now drawing to a close,
and so highly were they appreciated by his fellow-
citizens, that in November he was re-elected
governor by the Legislature, without a dissenting
voice. The following extract of a letter from him
to General Washington, dated the 21st of Novem-
ber, will give some idea of the urgent necessity
then requiring the exertion of all the honesty
and energy of the State : — " This evil" (the trade
with the enemy), " instead of being checked, has,
grown to so enormous a height, that the enemy,
as I am informed, is plentifully supplied with fresh
provisions, and such a quantity of British manu-
factures brought back in exchange, as to enable
the persons concerned to set up shops to retail

'liC>

DIE liim: of

iIkmii. 'rii(> people are ontrawcou«. .'ind many of
our oHicers tlireafen to resiirn tlieir conimis-

sions."

TJiis passaiie refers jirineipally to tlie village of
Kli/.abetiitown, and writinir at a much later period
(lOtli Feb. 1781) to Dr. Joini Beatty, representa-
tive in Congress, Governor Livingston thus speaks
of the eflfect this corrupting and demoralizing*
traffic had produced upon that place : " Solitary
indeed is Queen Elizabeth's namesake to me at
present, when instead of my quondam agreeable
companions, the village now principally consists
of unknown, unrccommended strangers, guilty
looking tories, and very knavish whigs.*'

The following extract of a letter from one of
Governor Livingston's daughters, dated 29th JNov.
1777, gives some idea of the practical sacrifices

made by the leading whigs : — " K has been

at Eliz. Town ; found our house in a most ruin-
ous situation; Gen. Dickinson had stationed a
captain with his artillery company in it, and after

that it was kept for a bullock's guard. K

waited on the general, and he ordered the troops
removed the next day, but then the mischief was
done ; every thing is carried off that mamma had
^collected for her accommodation, so that it is
impossible for her to go down to have the grapes
and other things secured ; the very hinges, locks,
and panes of glass, are taken away."

The Royal Gazette, published by James Riving-
ton, a printer and bookseller in New-York before

WILLIAM LIVINGSTON. 247

the war, and whose estabhshment was broken up
by a sort of revolutionary movement in November,
1775,* was recommenced by him at the same
place in October 1777. During the remainder of
the contest, it was the leading organ of the British
interest, and its pages are now a valuable record
of the height to which political and personal
rancor was then carried. Against Livingston, the
malice of this printer and his correspondents was,
in an especial manner, directed. " Spurious Go-
vernor"— "Mock Governor" — "Don Quixote of
the Jersies" — " Itinerant Dey of New-Jersey" —
" Despot-in-Chief in and over the rising State
of New-Jersey, Extraordinary Chancellor of the
same" — " Knight of the most honourable Order of
Starvation, and Chief of the Independents" — such
are some of the epithets by which he is most ordi-
narily designated, and the most infamous charges
against both his private and public life are con-
tained in its columns. " If Rivington is taken,"
writes Governor Livingston, about the year 1780,
" I must have one of his ears ; Governor Clinton
is entitled to the other ; and General Washington,
if he pleases, may take his head."

To counteract the effects of this journal, Isaac
Colhns, whom Rivington with a sneer calls
" Mr. William Livingston's printer," a quaker, and
employed successively by the colony and the
State, commenced the New-Jersey Gazette at

* Sparks' Morris. Vol. i, p. 66,

'248 iHi; LiKi: of

Burlington, on tlic nli ul December. This paper
was subsequently j)ublii5lied at Trenton, and again
removed to 15urlin<Tton, and throughout the war
was the leading veiiiclc of infornnation to the
whigs. Governor Livingston immediately gave it
his countenance and aid, and contributed to it
for a long time under the signature of Hortentius.
These essays, of which a list is given below, were
at the time of great value.* They contributed to

• The following list of Governor Livingston's contributions to
the N. J. Gazette, with the dates of the papers in which they
are to he found, is inserted for tlie sake of more convenient
reference.

N. J. Gazette of 17th Dec, 1777. — On the exchange of Bur-
goyne. Hortentius.

24th Dec. — On the Conquest of America. Do.

7th Jan, 1778. — A Satire on Sir William Howe. Do.

21st Jan. — To his Majesty of Great Britain. Do.

28lh Jan. — Answer to Mr. Galloway. Do.

11th Feb. — Annotations upon his most gracious Majesty's, of
most gracious Great Britain, most gracious Speech. Hortentius.

18th March. — Remarks on Tryon's Answer to General Par-
son's Letter, and Ex. from Private Letter of Hortentius.

1st April. — Address to his Excellency General Washington,
(in blank verse, 105 Lines.) Hortentius.

6th May. — On Lord North's Speech. Do.

9th Sept. — On Reunion with Great Britain. Do.

21st Sept. — On the British Commissioners. Do.

25th October, 1780. — No. L On the Depreciation of the
Currency. Scipio.

1st Nov. — No. n. Same subject. Do.

25th April, 1781.— No. III. Do. Do.

24th Feb. 1784. — On Mr. Sam. Tucker's Delinquency. Do.

2d March. — On Bankrupt Laws. Do.

WILLIAM LIVINGSTON. 249

infuse into the Americans a just idea of their own
strength, and to create the conviction, that any
ultimate success on the part of Great Britain was
impossible. Combining eloquent appeals to the
patriotism of the colonists, with the most scoffing
ridicule of the menaces and denunciations of the
British, they by turns enlisted every feeling which
can arm the breasts of individuals or nations
against vacillation and fear. These essays were
discontinued at one period, owing to a coolness
which arose between the editor and Governor
Livingston ; probably to be ascribed to the inser-
tion in the Gazette of the 27th of October, 1779,
of a violent attack upon the latter, signed Cincin-

16th March. — On Taxing Bachelors. Scipio-

23d March. — On Restricting the Number of Taverns. Do.
30th March. — On the Liberty of the Press, and on a certain
nonsensical Advertisement against Scipio. Scipio.

13th April. — Same subject, part II. Do.

20th April.— Part III. Do.

26th April.— Part IV. Do.

3d May.— Part V. Do.

24th May. — On Payment of Taxes. Do.

14th June. — On the Independence of the Judiciary. Do.

23d August. — Reply to Tucker's Defence. Do.

9th Jan. 1786.— Primitive Whig, No. I.
16th Jan.— No. II.
23d Jan.— No. III.
30th Jan.— No. IV.
6th Feb.— No. V.
13th Feb.— No. VI.

12th June. — On Deism. Hortentius.

I I

2i)0 THE LIFE OF

7inlus. They wcro, liowcvcr, afterwards recon-
ciled, and at a later period we shall find l^ivingston
a<Tain lending the paper his efficient support.

I have thus completed the narrative of the two
opening years of the war. It would have been
easy to have swelled this portion of my volume
with correspondence from the leading men of the
day. Perhaps, in this respect, 1 have already
stepped over the legitimate limits of biography.
If 1 have yielded too far to the temptation, it has
been with the desire of presenting a more perfect
idea of the services of the subject of this memoir.

WILLIAM LIVINGSTON. 251

CHAPTER VIII.

1778.— Letters to, and from, Washington and Laurens — Governor
Livingston receives the thanks of Congress for his Examination
of the Hospitals at Princeton and Trenton — Poetical Address
to General Washington — Livmgston re-elected Governor in
November — Letter from the Baron Van Der Capellen.

During the years 1778 and 1779, Governor Liv-
ingston's correspondence was extensive, and per-
haps more valuable than at any other period of
his hfe. But nearly all the letters received by him
during this time are lost or mislaid, probably owing
to his frequent change of residence, and I am there-
fore obliged to frame this portion of my narrative
of extracts from his own letter-books, and such of
those letters addressed to him as I have been able
to recover from the manuscripts of his corres-
pondents.* The first letter which I have to insert
furnishes a strong instance of his unabated ardor in

* I am here particularly called upon to express my obligations
to Mr. Sparks, who has laid open to me the invaluable collection
of the Washington papers, with his wonted desire to assist any
fellow-labourer, however humble, in enterprises kindred to those
in which he has himself had such great success ; and to Mr. Ed-
ward R. Laurens, of South Carolina, to whom, through the kind
offices of the Rev. Mr. Gilman, I am indebted for copies from the
letter-books of Henry Laurens.

u^^lZ .JTZ- 1^.^ y-zijc/^^

Z:rZ THE LIFE OF

the American cause, ami Ins keen sense of repu-
tation. It seems to rricr to some questionable
importation of jroods made by a subject of the
State.

'' TO COLONEL SEELY.

" Morristown, 20ih January, 1778.
" Sir,
" The Council of Safety agrees that tlie cargo
for Mrs. B. is to be deUvered to her — tea and
sugar and all, which 1 think a most destructive
precedent, and ruinous to the country, and do
therefore most solemnly protest against it, and
desire you not to mention it as done by the gov-
ernor's consent, but by order of the Council of
Safety.

" WiL. Livingston."

Governor Livingston had for some time previous
to this corresponded with Henry Laurens, Presi-
dent of Congress, on the subjects respecting which
the stations they held rendered intercommunica-
tion necessary. Although they were not personally
known to each other, their similarity of views on
many points, and their equal devotion to the Amer-
ican cause, made it not difficult to substitute for
the irksome formalities of an official correspond-
ence, a more friendly tone, and Governor Living-
ston on the 8th of January, addressed President
Laurens a letter, the tenor of which may be suffi-
ciently gathered from the following reply.

WILLIAM LIVINGSTON. 253

PRESIDENT LAURENS, TO GOV. LIVINGSTON.

" 27th Jan. 1778.
" Dear Sir,
" I have but a moment at present for acknow-
ledging, and returning thanks for the honour
received in your excellency's favour of the 8th.
I shall always reflect upon the tender of Gov.
Livingston's friendship as one of the very happy
events in my life. I will also sedulously endeavour
to retain an acquisition, which feels the more
valuable as it came unexpected. But alas, sir,
what have I, who am neither a scholar nor a wit,
to return in exchange for your polite correspond-
ence ? Call me one step beyond the composition
of a plain letter of business, and 1 am gravelled.
If, after this frank and laconic declaration, your
excellency shall be pleased to take me as 1 am,
and to confirm the late proposition, you will find
me faithful, ready to embrace occasions for evi-
dencing an esteem which I had entertained for
your character, long before the adventitious cir-
cumstance of official addresses had drawn me into
your excellency's view. Set me down, therefore, if
you please, sir, upon the premised conditions, as
one of your humble servants, one who rejoices in
the opportunity aflforded him of signifying his
desire to be sincerely attached to you, and in
nothing within the sphere of my capacity will your
excellency be deceived, or wilfully disappointed
by me.

" If I were to indulge a querulous vein, I should

2.')4 THE LIFF. OF

detain your excellency by a long detail of disorder
and distractions in all our public attairs, super-
added to the baneful cllects of avarice and pecula-
tion. Among them, and not the least, the appear-
ance, it would be warrantable to say raging, of a
dangerous party-spirit ; but 1 forbear, and will still
trust that the States will be awakened from their
present lethargy, and again think it necessary to
be represented in Congress by men of ability and
in sufficient numbers. A most shameful deficiency
in this branch is the greatest evil, and is indeed
the source of almost all our evils. Admitting that
we who are present were all, what truth knows we
are not, it would not be possible for 21, often 15,
and sometimes barely 9 States represented by
units, to discharge with the accuracy and expedi-
tion due to all business, the business which is daily
presented to Congress, — much less, if that can be,
to look into that which has long been in arrears.
Hence thousands, I may say millions, have been
wasted, and are wasting every day. Hence our
American foxes, holding unaccounted millions,
have gained time enough to learn, and impudence
enough to say, the powers of Congress fall short
of compulsive means for bringing them to a
reckoning. Besides, we want genius for striking
out new matter, for correcting errors and repres-
sing dangerous appearances, by measures wise,
silent, and effectual. Your excellency is too well
acquainted with the disorders of our domestic
concerns ; 1 am sorry to assure you, all our foreign

WILLIAM LIVINGSTON. 255

wear the aspect of mere chance-medley. Hence
naked soldiers, death, replete hospitals, desertions
and evacuated regiments ; hence, too, in my judg-
ment, we are very lightly esteemed abroad, and
probably are held up this very instant at auction ;
part of the conduct of the faithful court of Ver-
sailles will justify the suggestion. Is it not from
these considerations incumbent upon every man
of influence throughout our union, to exert his
powers at this crisis, to exhort each State to fill
up its representation in Congress, with the best,
that is, the most sensible, vigilant, and faithful
citizens? At present it seems as if every such
man had bought his yoke of oxen, and prayed to
be excused. A little longer trifling will fix a
galling yoke upon themselves. There is but one
thing, 1 think, can prevent it. Our antagonist is
as idle, as profligate as ourselves, and keeps pace
with us in profusion, mismanagement, and family
discord.

" Some of us, however, should remember the
fate of the quarreling curs, and guard against a
similar decision, disgraceful and fatal. Methinks
I can perceive design in our artfiil, spurious, half-
friends, to come in for at least part of the bone.
Perseverance in our present track will obhge us
to run in debt more and more abroad ; and there
are among us some who discover an amazing
avidity to do so. Let us be dipped a few millions
deeper in foreign debt, means will be easily found
for protracting the war, and our flimsy independ-

266

THK LIFK OF

ency will become abjectly dcpenclent upon those
who may either send their ships to collect accumu-
lated interest, and dictate the mode of payment,
or may obtain payment, if they prefer it, in Thread-
needle-street. — Will sober men rely upon the faith
or the benevolence of kings? Has P>ance done
one act of kindness towards us, but what has been
plumply for the promotion of her own interest?
has she not played off our commissioner-ambas-
sadors like puppets ? She has bountifully offered
us the loan of money, provided we would furnish
her with the means for raising it. ' Contract for
— lihds of tobacco, in order to help the revenue,
and you shall have money.' We have received,
and, I believe, spent without any visible profitable
exchange, the money, but the tobacco is not
shipped. What consequences must follow ? Inter-
est, infallibly. Resentment and reprisal, when
their policy shall direct. Has not France ' cau-
tiously avoided every transaction that should seem
to imply American independency ?' have we not
been told, that ' every step was taken to gratify
England publicly, forbidding American ships with
military stores to depart, then privately permitting
them, recalling their officers who had obtained
leave to go to America, but encouraging them to
go in shoals, giving them strict orders that our
prizes should not be sold in their ports, at the
same time assuring us of their good-will, and
intimating that these measures were necessary at
present.'

WILLIAM LIVINGSTON. 257

" Have not we been also told that the French
ministry, after reading our Quixotic propositions
for a treaty, had said, ' You have not bid high
enough,' and that while we were keeping the
knowledge of that treaty perfect free-masonry in
Philadelphia, Lord Geo. Germain was laughing at
it in the Plantation Office ?

"These, sir, are old stories, but they are the
most recent we have from that quarter. Our late
packet from Plasy [Passy ?],* thro' the superabun-
dant circumspection of our commissioners, im-
ported nothing more than charte blanche. We
have been jockeyed out of the original. We have
the strongest proof of French perfidy, as well as of
British imbecility, and American credulity and
puppetism. And yet, sir, we are dreaming on,
trusting, as it were, to Providence, to give us this
day our daily meed of brown paper, and drawing
from France, as from an exhaustless spring, al-
though she has told us in so many words, ' it ist
impossible to lend us two milHons sterhng.' Our
agents in the West Indies, without money and
even over head and cars in debt. If Congress

* In the letters of Laurens, the words enclosed thus [ ] are
not in the original letter-book from which these copies were
taken, and are inserted on supposition, to render the sense perfect.

t " It is morally impossible this can be true, and I believe they
have already proved it by lending us a larger sum. I am afraid
they have ; but extending a kindness under a plea of poverty
heightens the obligation on one side, and strengthens the claim
to grateful and suitable acknowledgments on the other. — H. L."

2/)}] TIIK LIFT OF-

were lull, or even two-thirds lull, nu^lil we not
expect some men in the j,^roui) ^'^^^ would look
into these important matters, and continue means
for playing a card against French policy ? It is
not necessary that we should hreak off with
France. We might make use of her. I am sure
it may be done with good effect; hut, as I have
already intimated, it seems as if every man fit for
these great purposes had married a wife and
staid to prove her. Sir, 1 see and lament, — but
I can do nothing more than a kind of negative
good. I do no harm, and think myself very happy
when lean countermine an intended evil. If there
be not speedily a resurrection of able men, and of
that virtue which I thought had been genuine in
1-775, we are gone, — we shall undo ourselves ; we
must flee to the mountains ; but wo to them who
have been governors and presidents; who have
given orders for borrowing the king's gunpowder,
and for suspending the embarkation of his favourite
warrior.* Forgive me, sir, I have been deceived
in the time, and did not mean to have been so
troublesome. 1 am, with very sincere regard, &c.

"Henry Laurens."

At the time the correspondence took place be-
tween Washington and Livingston, from which I
now proceed to give extracts, the head-quarters of
the commander-in-chief were in the State of New-
Jersey.

* Burgoync,

WILLIAM LIVINGSTON. 259

GENERAL WASHINGTON TO GOV. LIVINGSTON.

"Head-quarters, February 2cl, 1778.
" Sir,

" I have the honour to acknowledge the receipt
of your favour of the 26th ult.

" The recent detection of the wicked design
you mention, gives me the most sensible pleasure ;
and I earnestly hope you may be alike successful
in discovering and disappointing every attempt
that may be projected against you, either by your
open or concealed enemies. It is a tax, however
severe, which all those must pay who are called
to eminent stations of trust, not only to be held up
as conspicuous marks to the enmity of the pubhc
adversaries to their country, but to the mahce of
secret traitors and the envious intrigues of false
friends and factions. * * *

" You are pleased to intimate that you would
take pleasure in recommending, at the approach-
ing session of your Assembly, any hints from me
respecting the army, by which your State can ad-
vance the general interest ; I should be happy in
offering any such in my power ; but as there is now
in camp a committee of Congress, to confer with
me at large on the measures proper to be adopted
in every respect for the benefit of the army, what-
ever shall be thought necessary to this end, will of
course be communicated to you by Congress.

" 1 have the honour to be, with real respect
and regard,

" Your Excellency's most obedient, &c.

"Go. Washington."

200

TlfF. LIFF OF

GENERAL WASlIINnTON TO (JOV. LIV INf;s TON.

" Valley Forge, February 14, 1778.

" I do myself the lionour of transmittin£r yoii a
letter from the committee of Congress now here.
These gentlemen liave represented the distress of
the army for want of provision so fully, and in so
just a light, that I shall forbear to trouble you with
further observations upon the subject. I shall only
observe, tiiat if the picture they have drawn is im-
perfect, it is because the colourings are not suffi-
ciently strong. It does not exceed our real situa-
tion. From your zeal and earnest wishes to pro-
mote the service, I am firmly convinced we shall
have every relief in your power to give. I should
have troubled you before on this interesting and
alarming business, had I not supposed Congress
the proper body to have been informed, and that
means of relief should be under their direction.
Not to mention our distress the last campaign, and
that we were supplied from hand to mouth, and
frequently not at all, from the day Mr. Trumbull
left the Commissary's department. This is the
second time, in the course of the present year,
that we have been on the point of a dissolution,
and I know not whether the melancholy event may
not take place.

" The subject of horses, too, is so fully explained
by the committee, that it is needless for me to en-
large on that head. The advantages derived from
a respectable cavalry will strike you at once, and

WILLIAM LIVINGSTON. 261

I have the most entire confidence that you will
with pleasure afford any aid in your power to pro-
mote our views in this instance.

" I have the honour to be, «fec.

"Go. Washington."

"TO GENERAL WASHINGTON.

"Trenton, 16th February, 1778.
" Sir,

" I have received your Excellency's favour of the
14th instant, this day, and that of the 4th a few
days ago. * * *

" With your request of the 14th, I shall comply
as far as possible, and endeavour to procure to-
morrow a resolution of both houses to authorize
the President and Council of Safety to impress
waggons for a Hmited time. But these, sir, are
very temporary expedients. It is impossible for
this State to cure the blunders of those whose busi-
ness it is to provide the army, and considering
what New-Jersey has suffered by the war, I am
pretty sure it cannot hold out another year, if the
rest will not furnish their proportionable share of
provisions ; and for my own part, though 1 would
rather spend the remainder of my days in a wig-
wam at Lake Erie, than in the most splendid vessel
of any arbitrary prince on earth, I am so dis-
couraged by our public mismanagement, and the
additional load of business thrown upon me by the
villany of those who pursue nothing but accumu-
lating fortunes to the ruin of their country, that I

202 TFIK LIFE OF

almost sink imdor it. 1 do not say this, sir, to dis-
couratTo you from applyiufr to me at any time for any
tliinfT tliat is in my power to do, assuring you that
it nhvciys gives me particular pleasure to contrib-
ute in the least to alleviate that burden of yours to
which mine does not deserve to be compared. I
shall pursue the plan pointed out by the committee
of Congress for procuring horses, and am, &c.

" WiL. Livingston."

GENERAL WASHINGTON TO GOV. LIVINGSTON.

" Head-quarters, Valley Forge, )
February 22, 1778. \
" Sir,

" Your favour of the 16th instant came duly to
hand. I cannot but be highly sensible of tlie fresh
proofs given of that zeal which yourself in particu-
lar, and the State of New-Jersey in general have
so uniformly manifested in the common cause, and
of the polite regard you have in repeated instances
shown to my applications. I lament the additional
load of business heaped upon you from the sources
you mention, and earnestly hope, that painful ex-
perience will teach us to correct our former mis-
takes and reform past abuses, as to lighten the
burden of those whose whole time and attention
are devoted to the execution of their duty and the
service of the public.

" I feel with you the absolute necessity of calling
forth the united efibrts of these States to relieve
our wants, and prevent in future a renewal of our

WILLIAM LIVINGSTON. 2615

distresses; and the impossibility of answering
these purposes by partial exertions. Nothing on
my part has been or will be omitted, that may in the
least tend to put our affairs upon this only footing
on which they can have any stability or success.

" I shall be obhged to your excellency to send
immediately to camp the troop of horse you can
spare.

" I have the honour to be, with great regard, sir,
" Your most ob't serv't,

"Go. Washington.

" P.S. In terms similar to those addressed to
you in my late letters, have I called upon Connec-
ticut, New-York, Maryland, and Virginia, for aid in
these our days of distress ; but nothing less than a
change in the system can effect a radical cure of
the evils we labour under at present."

The letters from Washington to Livingston ex-
hibit uniformly the same regard and confidence as
are expressed in the above. Under date of the
27th of September, 1 779, the former writes, " Your
Excellency will be sensible how much the honor
and interest of these States must be concerned in
a vigorous co-operation, should the event I have
supposed happen, and I shall place the fullest con-
fidence in that wisdom and energy of which your
Excellency's conduct has afforded such frequent
and decisive proofs."*

* MS. letter in N. J. State Library.

*2()I THF. I.IFI. OF

•• lo <;k\kkai w \siii.\(;ton.

"Trenton, 2(1 March, 1778.
" Sill,
'' 1 have deceived your Excellency's favour of
the 22d inslaiit, and am happy to Ihid that the
State of New-Jersey possesses so great a share of
your esteem, which I hope it will never forfeit by any
remissness in such exertions for the general cause
as it is capable of making. I am convinced the
State is not behind hand with you in mutual regard ;
and as to the personal friendship of your humble
servant, if it is worth having at all, you have it upon
the most solid principles of a full conviction of
your disuiterested patriotism, and will conthiue to
have it while that conviction continues to exi.st, all

the envious intrigues upon earth notwithstanding.

* # # * #

" I have spent three days at Princeton, in pur-
suance of a resolution of Congress of the 9th inst.,
to examine into the Quarter-master's and Commis-
sary's department, and find that by removing the
supernumeraries, and regulating a few abuses, the
£04 10s. 3r/., which that department now costs the
continent per day, to su])ply about 200 sick with
wood and provisions, may be reduced to £21 15s.
2d. 1 shall give Congress the clearest proofs of
the most unparrallelcd mismanagement — at this
place I expect to find matters full as bad.

■H- * * # #

'• i am, «iic.

"WiL. Livingston."

WILLIAM LIVINGSTON. 265

About this time, in compliance with a resohi-
tion of Congress of the 9th of February, Governor
Livingston prosecuted an examination, alluded to
in the foregoing letter, which he had commenced
the preceding year, into the condition and man-
agement of the continental hospitals at Princeton
and Trenton. At Princeton he removed various
officers whom he considered unnecessary, and in
relation to the establishment at Trenton, he drew
up an elaborate report, as a basis of a reduction
of its expenses. On the 11th March, Congress
passed a vote of thanks for his care and diligence
in effecting the reforms at Princeton.

" TO COL. NATHANIEL SCUDDER, IN CONGRESS.

"Trenton, 20th March, 1778.
" Dear Sir,

" I am obliged to you for your favour of the
12th inst., and am very happy to find that my pro-
ceedings respecting the supernumeraries in the
department of Quarter-master and Commissary at
Princeton have met the approbation of Congress.
From my observation on the conduct of these
cormorants here, I believe Princeton will appear a

mere paradise to this Augean stable of ,

and every thing that defraudeth the continent. I
have not yet been able, upon account of other
business, to grasp the besom of destruction and
sweep them into official nonentity.

" I doubt not you have your hands full at Con-
gress ; your loss here is sensibly felt. Indeed, the

L L

'i(i() Till. I.IFK OK

chaniTC in bulh Houses is Jiiucii lor llic worse.
We have so few members of a turn lor business,
that the machine of our government moves slower
than ever. God grant that their squabbles about
the tax bill may not totally clog its wheels. After
numberless essays for a coalition, the bill has been
linally rejected by the Council, and whether the
Assembly will have temper enough to originate a
new one, I know not. The taxing of bonds was
the great bone of contention, which was at last
agreed to by the Council ; but with some clause,
respecting a deduction for debts due on lands, to
which the Assembly would not agree. Terrible
will be the consequences if they adjourn without
raising a tax. 1 had rather they should assess any
thing, not even excepting laziness and ignorance,
which would probably raise a larger revenue than
all the rest of our produce.

" The bill for filling up our battalions is also very
slow in its movements. They seem terrified at the
thought of draughting, and some of them were
inclined to memorialize Congress for exempting
this State ; the disgrace of which, considering the
high estimation in which that august assembly
hold us at present, would have chagrined me to
death. In short, that fatal clause in the constitu-
tion respecting a majority of voices, will yet prove
our ruin. I can give you no farther news save that
our horses live for the most part without proven-
der, and that their masters subsist upon salt pro-
visions.

WILLIAM LIVINGSTON. 267

" I regret with you, Mr. Petit's resignation of his
office. Our ill-timed parsimony is a most destruc-
tive distemper. * * *

" I shall be glad to hear from you as often as
your leisure will permit, and to be favoured with all
the communicable news you have. I am, «S:c.

" WiL. Livingston."

Scudder, to whom the preceding letter is ad-
dressed, although contemptuously spoken of in one
of General Lee's letters,* appears to have been
a very estimable man. He at an early period em-
braced the American cause, and for a long time
represented the State in the Assembly, and in
Congress. His name is affixed to the Confedera-
tion of 1778. It was his fate not to live to enjoy
the blessings of that independence for which he
had contended. He fell in a skirmish with a party
of the enemy who invaded New-Jersey in 1781.

The following poetic tribute to Washington is
extracted from Collins's Gazette of 1st April, 1778,
and is a good specimen of Livingston's serious
poetical compositions. The original contains 105
lines, and was pubhshed under the signature of
Hortentius. The affectionate respect which it
breathes towards its subject, and which may be
traced through most of the author's letters, was
deeply implanted in Livingston's breast, and was
unobscured by the clouds which at several times
hung round Washington's career.

* Charles Lee's Memoirs.

268 TiiF. T.iFn oi

"• L'csprit passo, nuiis la vcrlu dure/" says a
French writer, and tliis confession, not frequent in
the mouths of the philosophers of that nation, of
the superiority of virtue to mere intellect, is forcibly
corroborated when we roflrct that even had the
most extraordinary instances of the latter never
existed, the world would probably have been but
little behind where it is now.

Had Columbus never hved, or had the ^rand
fulfilment of his splendid visions not been granted
to him, it seems probable that half a century could
not have elapsed before the knowledge of the New
World would have been supplied by the adventurous
roaming of some ignorant mariner. The great
work of Bacon would have been accomplished
more gradually, but as completely, by the suc-
cessive efforts of many different, and even inferior
minds and characters. Architecture, and the
powers of steam are but little better understood
at this moment than if Wren and Watts had never
hved. Any single extraordinary intellect antici-
pates by but a brief period, the results which we
should otherwise owe to the combined and pro-
gressive labours of the many.

But there are times and seasons when intellect
alone can do nothing, and when the steadfastness
of purpose, the enlarged benevolence of heart, the
rectitude of mind, which seem expressly created
for the occasion, can be equalled by no efforts,
however zealous, of the subordinate many. Such
a period was our revolution, and such a man was
Washington, — with whom every American eagerly

WILLIAM LIVINGSTON. 269

seizes every opportunity to connect himself; of
whom Fox has well said, in few but comprehensive
words, that " his virtue was indeed superior to time
and place."*

" TO HIS EXCELLENCY GENERAL WASHINGTON.

Say, — on what hallowed altar shall I find

A sacred spark that can again light up

The muse's ardour in my wane of life,

And warm my bosom with poetic flame

Extinguished long — and yet, Oh ! Washington —

Thy worth unequalled, thy heroic deeds,

Thy patriot virtues, and high-soaring fame

Prompt irresistibly my feeble arm

To grasp the long-forgotten lyre, and join

The universal chorus of thy praise.

The arduous task absolved, the truncheon broke,

Of future glory, liberty, and peace

The strong foimdations laid, methinks I see

The godlike hero gracefully retire ;

And (blood-stained Mars for fair Pomona changed),

His rural seat regain.

There recollecting oft thy past exploits,
(Feast of the soul ne'er cloying appetite)
And stUl assiduous for the public weal
(Incumbent duty ne'er effaced), amid
Sequestered haunts, and in the calm of life,
Methinks I see thee, Solon-like, design
The future grandeur of confederate States
High towering ; or for legislation met
Adjust in Senate what thou sav'dst in war.
And when by thousands wept * * * "

* Hist. James II.

'270 TUF. I.IFK OF

I'REs'r. LAURENS TO GOV. LIVINCiSTON.

19ih April, 1778.
" Dear Sir,
" Nothing is more common than petit excuses
for dehnquency in epistolary correspondence. ' I
have been so hurried witli business — have not
been very well — your letter was unluckily mislaid,'
or something or other clumsily introduced to cloak
sheer idleness. When these occur in my own line,
1 smile at my friends' shortsightedness. Never
had any poor culprit better ground for building to
the utmost extent of his inabilities an^ elaborate
apologetic preface than is at this instant in posses-
sion of your Excellency's debtor. He might, with-
out impeachment of his veracity, aver he has dis-
covered the art of uniting liberty and slavery —
that for two months past, his masters have con-
fined him, morning and afternoon, often till nine,
and even past ten o'clock at night, fixing him im-
movable for six hours together, to be bated and
stared at, giving short intervals for refreshment, —
and that [such] as were allowed to him were ne-
cessarily devoted to public business, including
much trash of incessant application by Frenchmen,
and other as light-headed men, who watch his en-
trance into his room, as keenly as a well-feed bailiff
attends the nocturnal excursion of some poor fel-
low who has been too liberal with his taylor and
vintner. I might urge that I seldom write, but
when other people are amusing themselves in bed.
What becomes of Sunday? That's my day of

WILLIAM LIVINGSTON. 271

rest. I write all day, and discharge half a week's
arrears. Will you say you have not more than
once toyed away an hour, talking nonsense with
the pretty girl above stairs, and sometimes below
stairs, since the 26th of February, when you re-
ceived the governor's letter of the 5th ? No, I
won't tell a story. But this is my only relief. I am
lame, and can neither walk far, nor ride for exer-
cise. 'Tis a much surer and pleasanter means for
reanimation than lounging the hour in an elbow-
chair, if I had one, cogitating and grumbling upon
the cares and labours of the drudge of a political
manufactory. But waving further interrogation
calculated to ensnare me, let me answer in a word
— I have writ oftener by once within six months past
to Governor Livingston, than I have upon any sub-
ject in my private estate, and perhaps the seeming
indifference has arisen from the same reflection, I
know neither of them will suffer by my silence.
Be that as it certainly is, when 1 am called upon, I
ought to answer, and I promise, in return for the
very honourable duns which 1 have lately received,
to write, whenever I can lay hold of matter, how-
ever concise, which 1 shall think not unworthy the
governor's notice. I will do myself the honour of
attending his levee as constantly as possible;
should there be an appearance of a little obtru-
sion now and then in subject or manner, 1 shall
know who will not be to blame.

" ' What will you say to yonder long letter under
the two short ones ?' Maybe, not a word more

-/2 THF, LIFt OF

at present. 'Tis ^Suiitlay, and althou;,di very early,
I am fatigued, and from llic labours of the past
week, I feel a sterility upon my natural barrenness.
I must get off as well as I can. I'll tell the governor
a cock-and-bull story about an important subsist-
ing debate in our club, amuse him with my friend
Chief Justice Drayton's speech upon articles of
confederation, which, as a special favour, I have
obtained for the purpose, add copies of a very hon-
ourable correspondence lately held with the fallen
hero of River Bouquet, — endeavour to draw his
Excellency into a decision of questions upon par-
liament order, and then conclude by repeating
what is as true as any thing ever said by any chief-
justice, hero, or parliament.

" Sir, we have, within a month past, improved
many whole days, and some tedious nights, by
hammering upon a plan for a half-pay establish-
ment for officers who shall continue in the army
to the end of the present war. A most moment-
ous engagement, in which all our labour has not yet
matured one single clause, nor even determined
the leading questions, to be or not to be. The
combatants have agreed to meet to-morrow vis a
vis, and by the point of reason, and by some things
proxies for reason, put an end to the contest. I'll
be hanged [if] they do.

" Had I heard of the loss of half of my estate,
the account would not have involved my mind in
such fixed concern as I feel from the introducing
of this untoward project. A refusal to gratify the

WILLIAM LIVINGSTON. 273

demand of the officers, will, as we are menaced,
be followed by resignations from all those who are
valuable. An acquiescence without an adequate
provision or douceur, for officers of the militia, as
well as for all the soldiery, will be attended by a
loss of men, and prove a bar to future energy in
those classes. We shall have no army.

"If we provide pensions for one part of the
people, from the labour of the other part, who
have been equally engaged in the struggle against
the common enemy, and who, to say the least,
have suffered equal losses, the enormous debt,
which will thereby be entailed on posterity, will be
the least evil. [The] constitution will be tainted,
and the basis of independency will tremble.

" Advocates for the measure say, ' the present
pay of the officers is not sufficient to support them
in character ; their estates are exposed to waste
and loss from their personal absence ; they might,
by various ways and means, from which they are
now cut off, improve their fortunes, as their
friends and acquaintances are daily doing; you
must not confide in that virtue which you talk of,
as the cement of the original compact ; there is
none or very fittle of such principle remaining.
Upon your decision of this great question depends
the existence of your army, and of your cause. If
you say no, all, all your good officers will leave
you.' — This is the substance and amount o( pro,
Coti starts, — 'The demand is unjust, unconstitu-
tional, unseasonable ; a compliance under menaces,

271 THE LIFE OF

dangerous; the rcasoninir ironi llic loss ol' virtue,
and insullicicncy of llio present pay, not convin-
cing. Unjust, because inconsistent with the original
compact. OlFicers were not compelled, but eagerly
solicited commissions, knowing the terms of ser-
vice ; loss of estate, neglect of family, sacrifice of
domestic happiness, exorbitancy of prices of every
species of goods for the necessities or comforts of
life, are [applicable] to every citizen in the union,
and to thousands who are not officers, with greater
force and propriety. Unjust, because without
superior merit, officers demand a separate mainte-
nance from the honest earnings of their fellow-
citizens, many of whom will have been impover-
ished by the effects of the war, and rendered
scarcely able to pay their quota of the unavoidable
burthen of equal taxes. Unjust in the extreme, to
compel thousands of poor, industrious inhabitants,
by contributions, to pamper the luxury of their
fellow-citizens, many of whom will step out of the
army into the repossession of large acquired or
inherited estate, of some who have accumulated
immense fortunes by purloin and peculation, under
the mask of patriotism.' 'Tis held possible, by
these naughty cons to produce more than one case
in point.

"'Compliance with a demand, unjust as it is
extraordinary, with a penalty affixed, and delayed
till the people are reduced to the awful alternative
of losing the army and their liberties, would be
dangerous, because it would be establishing a

WILLIAM LIVINGSTON. 275

precedent to the soldiery ; because it would be to
tax the people without their own consent ; because
the people would have no security against future
arbitrary demands ; because the attempt is to de-
prive the representatives of free-agency, and to
reduce that body to a state of subserviency ; be-
cause it would lay the foundation of a standing
army, of an aristocracy. The demand militates
against articles of confederation, because it would
have a tendency to waste the army by discouraging
the militia and yeomanry in general to take the
field ; abate the fervour of the warmest friends,
and invigorate the hopes and endeavours of every
class of our enemies,' &c. &c.

" ' The assertion of loss of virtue is not admitted
as a fact, because the plan originated in a sphere
above regimental command, from whence it was
easy to roll down the glaring temptation.'

"'Insufficiency of the present pay cannot be
admitted, because the remedy proposed is not
adequate to relief Half-pay to commence at a
distant period will not supply present wants. Suc-
ceed in the first attempt, and by the same means
we will compel Congress to augment pay.'

" ' If officers withdraw, and the loss of the army
and navy are to be consecutive events, by what
'various ways and means' may officers improve
their fortunes? Where will be those lucrative
employments which it is pretended they now envy ?
But officers may retire when they please. So may
senators ; and what then ?'

276 THE LIFE OF

'•'■ A wliolc (jmro ol pnpor would be too narrow
to range m upon this topic. Ilis fortunate for you,
sir, that Gen. Gates, an Enghsh newspaper, and
two or three members of Congress, stepped in and
knocked out of my head more than would have
filled another sheet. If I can beg that newspaper,
which contains some good things, it shall accom-
pany the other papers. Let me conclude this
head by observing, the cons move to postpone the
Consideration of the plan until the several States
shall be fully informed and consulted. Here a
strenuous advocate let out the cat. ' No, 1 am
afraid the people will not consent.' What ! dare
we bind the people in any case without, or against
their consent ? 'Tis very near akin to binding
them in all cases. I must confess the affjiir, for
an affair of such magnitude, has been poorly con-
ducted by the managers.

" A report of the whole, called for in a certain
assembly, being the order of the day — read once
for information, the first paragraph read for de-
bate, an amendment offered and received, a ques-
tion on the amendment half-put ; a new proposition
was started irrelative to the paragraph and amend-
ment,— contrary to general consent, and having a
tendency to set aside both. Question — Is it in
order to receive and put to vote the proposition ?

" A question was moved upon the order. Ques-
tion— Is the latter motion, or the first, subject for
a previous question ?

" From what has been said, your Excellency will

WILLIAM LIVINGSTON. 277

collect enough to determine on the article of con-
fusion. That mass of paper lying there, which 1
lug every day to and fro, would give a more ex-
plicit answer on this point than, as 1 think, be-
comes me. My own spirits, such as [they are,
keep in pretty equal tone. Men may bear pain
with great equanimity in general, yet be impelled
by sudden twitches to bawl out and sigh for a
moment.

" Things in public life were in extreme disorder
when I had last the honour of writing to your
Excellency, and besides, 1 beheve other things in
private were as crooked. I fancy I was a-bed in
the gout. Some departments, which, as 1 don't
mean to be invidious, I will not particularize, are
shifted into more promising hands, and I entertain
hopes, if we have an army, it will be better sup-
plied than it has been, with entertainment for man
and horse. But take a general view, and the
prospect is still extremely mortifying. However,
we have lately received acquisition of some abili-
ties, though not half enough, and 'tis pretended
the spirit of reformation is at our threshold. My
colleague, Drayton, has given earnest of his de-
termination to set his face against fraud in every
shape, and to call upon those men who detain
unaccounted millions. Thank God, we have other
virtuous, sensible men to aid them. 1 believe
things were, at the time alluded to, at the worst.
Nothing but complete ruin would have proved the
contrary.

278 THE LIFE OF

"Gen. HuriToync had readied Illiode Island, and
probably embarked about tlie 5th instant. His
arrival in England will produce an excellent fund
for polemics.

" The knowing ones here will bet that terms of
accommodation will be a ])rehi(le to the campaign.
I don't pretend to be related to that family, but I
expressed the sentiment upon reading the speech
of the 20th of November.

" No public good can be derived from spreading
such opinions. A plausible pretence to treat in
earnest will bring the union into a critical situa-
tion, and [it] will demand all the wisdom of the
thirteen States to counteract a finesse.

" But for the visit above mentioned, I should
have despatched the bearer at 9 o'clock this
morning. My chain was broken. I went to
church, and have finished in the evening, and
ought to be charged one day's expense of the
messenger.

"I sincerely wish your Excellency health and
safety, being, with the highest esteem and re-
spect, &c. &c. j ,

" Henry Laurens."

general washington to gov. livingston.

"Head-quarters, 22d April, 1778.
" Dear Sir,
" Enclosed I transmit you a Philadelphia paper,
containing the draught of two bills introduced into
Parliament by Lord North, and his speech upon

WILLIAM LIVINGSTON. 279

the occasion. Their authenticity in Philadelphia
ia not questioned, and I have not the smallest
doubt but there will be some overtures made us,
similar, or nearly so, to the propositions held forth
in the draughts. You will see their aim is, under
offers of peace, to divide and disunite us, and un-
less their views are early investigated and exposed
in a striking manner, and in various shapes by able
pens, 1 fear they will be but too successful, and
that they will give a very unhappy, if not a ruinous
cast, to our affairs. It appears to me, that we
have every possible motive to urge us to exertion.
If they are still for war, and of which there can
be no doubt, since they are straining every sinew
and nerve to levy troops, it behooves us to be pre-
pared. If for peace, our preparations are equally
essential, as they will enable us to treat with hon-
our, dignity, and I trust, to freedom. There

are many important concessions in the speech, and
which 1 hope will be improved to our advantage.
If your leisure will possibly permit, 1 should be
happy that the whole should be discussed by your
pen. " I am, dear sir,

" With great esteem, &c. :
' -' • "Go. Washington."

^"TO henry LAURENS, PREs't. ETC.

; « Chatham, 27th April, 1778.
"Dear SiR,f 2:^^^
" I am under great obligations to you for your
long and agreeable letter of the 19th instant,

200

Tin: LIFE OF

wliicli I received yesterday, and coiisideriiif; my
])roin|)t j)jiy such as it is, I know you will make an
abatement in the price, tliat is to say, the Icngtli
of my answer.

" 1 really pity you amid that nuiltiplicity of
business in which you are immersed, but if it
should be our good fortune to drive the devils out
of the country this summer, as 1 doubt not wc
shall, if we exert our endeavours in an humble
reliance on the Lord of Hosts, instead of suffering

ourselves to be gulled by the of Lord North,

it will be a very pleasing reflection to us during
the remainder of our hves, that wc have been
instrumental in delivering one of the finest coun-
tries upon the globe from tliat tyranny which
would have rendered it like Babylon, an habitation
of owls and of dragons. You have my hearty
thanks for the loan of the London Evening Post,
which I return you according to request. The
extraordinary freedom which these writers take in
opposing the measure of the ministry, is a happy
symptom of the national discontent. North is
certainly at his wits' end, and as Hudibras says,

♦ He that was great as Julius Caesar,
Is now reduced like Nebuchadnezzar.'

'' 1 hope wc shall not be such blockheads as to
accede to ridiculous terms, when we have so fair
a prospect of obtaining peace upon almost any
terms ; tho' my good friends in New- York have
faithfully promised to cut my throat for writing,

WILLIAM LIVINGSTON. 281

which they seem to resent more than fighting. I
have already begun to sound the alarm in our
gazette, in a variety of short letters, as tho' every-
body execrated the proposals of Britain. Peace
1 most earnestly wish for, but for Heaven's sake
let us have no badge of dependence upon that
cruel nation, which so lately devoted us to de-
struction, and is so precipitately hastening her own.
" If whatever is is right, a fortiori, whatever is
by act of Congress must unquestionably be right.
But in my private judgment, I should be totally
against the plan of allowing the officers half-pay
after the war. It is a very pernicious precedent
in republican states; will load us with an im-
mense debt, and render the pensioners themselves
in a great measure useless to their country. If
they must have a compensation, I think they had
better have a sum certain to enable them to
enter into business, and become serviceable to the
community. * * *

" I am, &;c.

"WiL. Livingston,"

" TO GENERAL WASHINGTON.

" Chatham, 27th April, 1778.
" Dear Sir,
"I had the honour yesterday of your Excel-
lency's favours of the 15th and 22d April. * * *
" 1 am obliged to your Excellency for the enclo-
sures in your favour of the 22d of April. I enter-
tain exactly the same sentiments with you concern-

N N

282 THE LIFK OF

mi; tlic dosi<^ni and Iciulciicy of the bill mid in-
structions— but 1 hope in this they will be (as
in every thing else they have been) disap-
pointed by that Providence which appears evi-
dently to confound all their devices. 1 should haVc
been very hapi)y to have received Lord North's
speech only two days sooner, to have contributed
my mite towards some observations upon it, to be
inserted in the West New-Jersey Gazette; but it
coming too late for that purpose, 1 must defer it to
the succeeding week ; though I could wish it was
undertaken by an abler hand, and one of greater
leisure. To provide, however, some antidote to
prevent meanwhile the operation of his lordship's
poison, 1 have sent Collins a number of letters, as
if by different hands, not even excluding the tribe
of petticoats, all calculated to caution America
against the insidious arts of enemies. This mode
of rendering a measure unpopular, I have fre-
quently experienced in my political days to be of
surprising efficacy, as the common people collect
from it that everybody is against it, and for that
reason those who are really for it grow discour-
aged, from magnifying in their own imagination
the strength of their adversaries beyond its true
amount. * * *

" I have the honour to be,

" With the highest esteem,
" Dear sir, &c.

" WiL. Livingston.'*

WILLIAM LIVINGSTON. 283

The following letter is valuable for the picture
it presents of the State of New-Jersey at this
time.

" TO GENERAL WASHINGTON.

"Morristown, 2d May, 1778.
' "Dear Sir,

" I now sit down to inform your Excellency what
number of our militia may be expected to join
your army, which after all will, I fear, be in great
measure conjectural. With the county of Bergen
your ExceUency is too well acquainted to want any
information. Essex, Middlesex, and Monmouth,
are all frontiers, and almost worn out in defending
their own borders. The same is the case with
Cumberland, a very spirited county — Salem, Glou-
cester, and Burlington, especially the two latter,
abound with tories, and are all exposed to the rav-
ages of the enemy. Morris, Salem, Somerset, and
Hunterdon, are therefore the only counties from
which we can hope to draw any reinforcements
for the grand army; and these supplying their
quotas for the defence of our eastern and southern
frontiers, I doubt whether they will produce more
than 8 or 900 men for the purpose intended. As
to arming them 1 hope there will be- no difficulty,
because we can take the arms of those who re-
main at home. If your Excellency intends a grand
push, what if you should call the militia from a
greater distance? Connecticut, Maryland, Vir-
ginia, and New-York, with Pennsylvania and

281 THE LIFF. OF

Ncw-Jcrsoy. would amount to :i considorable
force.

" I am, with the liighcst regard, &c.

" WiL. Livingston."

PRES't. LAURENS TO GOV. LIVINGSTON.

"6tli May, 1778.
" Dear Sir,

" Affairs have assumed a different aspect from
that whicli appeared when your Excellency writ
the letter which I am just now honoured with, of
the 27th April.

" I took the earliest opportunity to transmit an
abstract account of the intelligence which Con-
gress received from France on the 2d instant, by
putting under cover 3 or 4 copies directed to your
Excellency [on] the 3d. But 1 had not time to
write a decent syllable. The performance was
Mr. Drayton's. I had given him the article rela-
tive to the King of Prussia. This has been since
questioned, because so interesting a circumstance
had not been intimated in the public letter from
our commissioners, but I rely on my authority.
Mr. Izard writes to me the 1 6th February :
' The King of Prussia has given the most explicit
and unequivocal assurance that he will be the
second power in Europe to declare the independ-
ence of America.'

" r think myself happy in being entirely of opin-
ion with your Excellency, respecting independence
and the half-pay scheme. This last business lags

WILLIAM LIVINGSTON. 285

exceedingly. 1 believe we wait for auxiliaries. I
have no objection against liberal acknowledgments
of the service of officers and soldiers — any thing
that will not strike at our constitution. But if we
can't make justice one of the pillars, necessity will
prove a temporary support. We may submit to it at
present. RepubUcans will, at a proper time, with-
draw a grant which shall appear to have been ex-
torted. This, and the natural consequences, I
dread.

" When the account of the treaties of the 6th
February had reached Whitehall, administration
were perplexed, they were stunned. 1 have a let-
ter which may be trusted, informing me that Lord
Mansfield, in tears, applied to Lord Camden as a
good man^ to interpose for the salvation of the king-
dom. His lordship alluded to his repeated predic-
tions, which had been treated with contempt, and
intimated his fears that the door was shut.

" Another letter which I have received from the
mercantile line, convinces me [that] the weight of
the war lay heavy — that the whole nation was vio-
lently agitated. My influence is even asked to
prevail upon America to accept the terms intended
to be proposed, meaning the concihatory bills. I
don't know that I have a spark of influence. If I
had much, the whole should be thrown into the
opposite scale.

" 1 remember something of Dr. Frankhn's hav-
ing proposed to a certain king a plan for reducing
a great empire to a small kingdom. The enclosed

286 THE LIFE OF

Kvoninfr J»osl contrasts to Allied tlic (Jrcat a
certain cinjx^ror of a lloating islaiul.

" I won't forget to inquire to-morrow concern-
ing the money lor tlie light horse. 1 am sensible
that in nmnbcrlcss instances we improve our tal-
ents in the same degree of loss. The misman-
agement of our finances, 1 often lament. Our
children will feel the effects. * * *

" Henry Laurens."

" TO HENRY LAURENS, PREs't. ETC.

« MorristOAvn, 7th May, 1778.
" Dear Sm,
" 1 have the pleasure of your favour of the 27th
ultimo, covering copies of an act of Congress of
the 23d inst. The measure may be founded in
good policy, and just at this time gave a shock to
the enemy ; but I conceive it will in this State be
far from popular. We have suffered so much from
tories, and there is in some of our counties so
rooted an aversion against that sort of gentry,
that the more sanguine whigs would think it ex-
tremely hard to proffer them all the immunities of
that happy constitution, which they at the risk of
their lives and fortunes have battled out of the
jaws of tyranny, while the others have meditated
our destruction, spilt our blood, and in all proba-
bility protracted the war at least a year longer than
it would otherwise have lasted. And as to our
heartily forgiving them, I think that will rather
require a double portion of the grace of God,

WILLIAM LIVINGSTON. 287

than be eftected by a thousand resolves of Con-
gress.

" 1 am entirely of your opinion that we are now
verging towards an important crisis. We have
the subtlety of two very politic nations to contend
with, and history is full of examples, that people
have been deluded by artifice into ruin, when they
could not be subdued into it by war. 1 should
think that we ought not to be restricted in the ap-
pointment of our plenipotentiaries to any particu-
lar district. France and Britain seem to me like
two great merchants recurring to America for a
market, and I hope we shall not be such block-
heads as to sell our commodities too cheap.

" It must be extremely mortifying to the minis-
try to be obliged to stoop to the minority for their
interest with us, to make us relish their terms of
accommodation. For the- letter from Governor
Johnstone must have been procured by downright
ministerial coaxing. That gentlemen has too
much sense, and is too great a friend to America
to think that she ought to have any dependent con-
nexion with such an abandoned degenerate people.
1 cannot but think that Congress, as well as we
little folks, in speaking on this subject, do not ap-
pear to be fully possessed of the idea of our inde-
pendence. We talk and reason as though Great
Britain still had some claim upon us. Should we
not laugh at any other nation that presumed to
pass bills concerning their right of imposing duties
upon us, or regulating our commerce ? And have

288 THE LIFE OF

tlicy any more business willi us llian tin; Kmpcror
of Morocco? Hut our allection for tlie Knglisli,
from wliom we are descended ! And why not for
the same reason give up our hberties to the Elec-
tor of Saxony, as the Saxons arc our more primitive
ancestors ? Let tlicm first withdraw tlicir troops,
and think themselves liappy if we do not follow
them to London — and let us take care to have
such an army in the field, as to enable us to talk
properly, and to treat with dignity. They will and
must come to it, if we insist upon it.

" I am with the highest respect, &,c.

" WiL. Livingston."

"The following letter is marked by the same
enlarged spirit of toleration and sound common
sense, which we have seen to characterize the
early productions of the writer.

" TO THE REV. MR. JOHN MASON.

"Princeton, 29th May, 1778.
"Dear Sir,
" I am much obliged to you for your kind letter
of the 27th instant, and the favourable sentiments
you are pleased to entertain concerning the de-
signs of Providence, in raising me to my present
station. May it please God to enable me to
answer the honourable expectations of the genuine
friends of liberty, and especially the pious hopes of
the real friends of Zion.

"To have prefaced the confederation with a

WILLIAM LIVINGSTON. 289

decent acknowledgment of the superintending
Providence of God, and his conspicuous interpo-
sition in our behalf, had doubtless been highly
becoming a people so peculiarly favoured by
Heaven as the Americans have hitherto been.
But any article in the confederacy respecting
religion was, 1 suppose, never in contemplation.
The States being severally independent as to
legislation and government, tho' connected by the
fcederal league for mutual benefit, were presumed
to have formed a political constitution to their
own liking, and to have made such provision for
religion as was most agreeable to the sentiments of
their respective citizens ; and to have made the
' law of the eternal God, as contained in the sacred
Scriptures, of the Old and New Testament, the
supreme law of the United States,' would, 1 con-
ceive, have laid the foundation of endless alterca-
tion and dispute, as the very first question that
would have arisen upon that article would be,
whether we were bound by the ceremonial as well
as the moral law, delivered by Moses to the people
of Israel. Should we confine ourselves to the law
of God, as contained in the Scriptures of the New
Testament (which is undoubtedly obligatory upon
all Christians), there would still have been endless

disputes about the construction of the of

these laws. Shall the meaning be ascertained by
every individual for himself, or by public authority ?
If the first, all human laws respecting the subject
are merely nugatory ; if the latter, government

o o

290 THE LIFE OF

must assume tlic detestable power of Henry tlic
Eighth, and enforce their own interpretations with
pains and penalties.

" For your second article, I think there could
be no occasion in the confederacy, provision
having been made to prevent all such claim by
the particular constitution of each State, and
the Congress, as such, having no right to inter-
fere with the internal police of any branch of
the league, farther than is stipulated by the
confederation.

" To the effect of part of your third article, that
of promoting purity of manners, all legislators and
magistrates arc bound by a superior obligation to
that of any vote or compact of their own ; and the
inseparable connexion between the morals of the
people and the good of society will compel them
to pay due attention to external regularity and
decorum; but true piety again has never been
agreed upon by mankind, and 1 should not be
willing that any human tribunal should settle its
definition for me.

" I am, &c.

" WiL. Livingston."

" TO GENERAL WASHINGTON.

" Princeton, 29th May, 1778.
"Dear Sir,
" I am quite ashamed of my present apphcation,
as it necessarily infers a neglect of duty in those
whom I do not choose to blame. It were tedious

WILLIAM LIVINGSTON. 291

to give you a narrative of the fruitless pains 1 have
taken, to have this State suppKed with proper
magazines of arms and ammunition. But so it is,
that we must now either fight without powder and
ball, or not fight at all. If your Excellency can
possibly spare any cartridges for different bores, I
beg they may be ordered, with all possible des-
patch, to Jonathan Baldwin, Esq. of this place,
who has directions to distribute them. If none
are to be had from the continental stores, but we
can be suppUed with lead, I have powder sufficient
for the purpose. Thinking it too tedious to
procure the lead in this State (of which there
is a considerable quantity in the hands of the dis-
affected), by an act to seize it for the public use,
which I recommended to the House this morning.
I since procured the resolution, of which the en-
closed is a copy, as the only mean I could devise
to give us seasonable rehef Our militia appear
in high spirits, and I trust they will fight, if they
can be equipped for the battle. If your Excellency
has a moment's leisure, please to favour me with
your conjectures concerning the movements of
our old friends, the Britons. I beheve they are as
much puzzled about the route they intend to take,
as we are to discover their intentions.

« With the greatest esteem and warmest wishes
for your success,

« I am, dear Sir, &c.

" WiL. Livingston."

292 THF. MFF. OF

In the latter part of the a!)ovc letter, the writer
refers to the expected inarch of the British from
Philadelphia to New-York, across New-Jersey.

In June of this year, Philip Livingston, brother
of the subject of this memoir, died at Philadel-
phia, where he was in attendance upon Congress
as a delegate from New-York. By some he was
considered the ablest member of his family, and
his death, though it happened at an early period
in our revolutionary contest, did not take place
before he had intimately connected his name with
the history of the country. He was born in 1716,
graduated at Yale in 1733, and not long after-
wards commenced business as a merchant in New-
York. From lir)i to 1762, he was a member of
the Common Council of this city, and in 1759, he
was returned to the Assembly.

From the commencement of the troubles be-
tween the colonies and the mother country, Mr. Liv-
ingston took an active and prominent part on the
side of the former; and in October 176.5, was made
a member of the Stamp-act congress convened
at New-York, to imbody and organize the oppo-
sition of the several provinces to this obnoxious
measure. He retained his seat in the colonial
Assembly until 1768, when he was made speaker
of that body. In 1769, when the ministerial party
acquired an ascendency, Livingston was returned
from his brother's manor, but his seat was imme-
diately declared vacant on the ground of his being
a non-resident of the district which he represented.

WILLIAM LIVINGSTON. 293

In 1774, he was chosen a member of the first
continental Congress, and in April 1775, between
the dissolution of this body and the assembling of
the second, he acted as president of the provincial
Congress of his colony. In May he took his seat
in the second continental Congress, and the next
year affixed his name to the Declaration of Inde-
pendence. In May 1777, he was chosen a Sena-
tor under the new constitution of this State ; and
in October was again delegated to Congress. He
died on the 12th of June, 1778. My limits allow
me to make no more than this hurried mention of
Philip Livingston, and this meager collection of
dates affords but a faint idea of that vigour of
conduct, and steadfastness of purpose which gave
him in his day, an influence and ascendency to
which contemporary history bears fiiU witness.

" TO HENRY LAURENS, PRES't., ETC.

"Princeton, 18th June, 1778.
" Dear Sir,
"We can see a mote in our brother's eye when
we cannot discern a beam in our own. You may
remember I blamed you some time since most des-
pately for remaining so long in my debt ; and had
we then been an appendage of Old England, as in
times of yore, I should have been tempted in my
wrath to have prosecuted her statutes of bank-
ruptcy against you ; and now behold 1 find myself
head-over-heels in debt to you ; and what is worse
than all, know not how to discharge it, without

294 THE LIFK OF

turning you uito (wluil, 1 am sure it is impossible
to turn you) tlic unjust steward, who consented to
score fifty for ten.

" But by the help of an inch of candle (a very
common thinii with us since the continental
butchers steal all the tallow), and a good glass of
wine (a very uncommon one, and like to be so, till
we declare war against Portugal), I have just
stumbled upon an argument that will melt you into
forgiveness, as a just steward, and that is, that my
late dehnquency has not proceeded from idleness,
but an incessant engagement in business as a poor
humble fellow-labourer, and a very distant co-ope
rator with your honour in the same glorious cause,
which, blessed be God, and huzza for Louis XVI.,
promises much fairer to lift its head triumphant
over British oppression than it did a year ago.
Indeed, ^r, 1 do not eat the bread of idleness, but
with the enemy at both of the extremities of the
State, a scoundrel pack of tories in the centre, and
no inconsiderable number of neutrals and mon-
grels between that and the periphery of the bor-
ders, I can assure you that 1 have a sufficient
choice of troubles ; and were it not for an uncom-
mon constitution and a good stock of spirits, or
as the song says, a light heart and a thin pair of
breeches, I have met with discouragements that
might have discomfited a man of much greater
natural fortitude. But our present prospect ought
to animate the most pusillanimous, and inspire a
very coward with magnanimity.

WILLIAM LIVINGSTON. 293

" His Christian Majesty is certainly a very clever
fellow, and 1 drink his health whenever I can get
wine to do it in (and that without any scruple
about the difference between the French King and
the King of France), thinking it an abomination,
and highly derogatory to the dignity of Le Grand
Monarch, to toast him in toddy. I hope his Cath-
olic Majesty will soon give us an opportunity to
express our affection for him in the hke sociable
manner ; and if there be any foundation for the
treaty which the English news-writers have fabri-
cated for us in the Mediterranean, depend upon it,
I shall not forget the Emperor of Morocco, as
great a Mahometan as he is.

" The meandering manoeuvres of the enemy, on
the evacuation of Philadelphia, appear altogether
inextricable. Indeed, did they not generally pro-
ceed upon the principle of all mad schemes to
adopt the maddest, I should have no idea of their
marching through New-Jersey. Nothing less than
a double draught of the waters of Lethe can have
made them forget the drubbing they received last
year for attempting that route, without first apply-
ing for a passport. And I doubt not, if they try it
again, our militia will be more prompt than
ever to receive them with all the proper military
honours.

" By the protracted voyage of the British com-
missioners, they will arrive with the terms of the
treaty all ready cut and dried. But I flatter my-
self that America can negotiate as well as fight ;

296 THE LIFK OF

and if Old England is lor employing subtlety in
the business, I could select some Eastern sages of
sufficient ability so to word any compact as to be
capable of twenty different constructions, and all
equally plausible with the one that really was the
true intent of the parties.

" I am, &c.

"WiL. Livingston."

The commissioners, the Earl of CarUsle, John-
stone, and others, who came out to the colonies
in this year to negotiate terms with them on the
part of the British ministry, are alluded to in the
above, and several other letters written about this
time. Their mission terminated, it is well known,
fruitlessly.

In the month of June of this year, at which pe-
riod we have now arrived, the British left Phila-
delphia, to return to New-York across New-Jersey.
On their route the battle of Monmouth, memora-
ble in more than one point of view, was fought. A
severe invective of Collins, the editor of the New-
Jersey Gazette, against the conduct of the unfortu-
nate General Lee, occasioned an interchange of
letters between that officer and Governor Living-
ston— that written by the former is unfortunately
lost; that of the latter, of the 16th of Jan. 1779, is
printed in the memoirs of General Lee.* It is
characteristic, and while calculated to soothe the

• Lond. 1792. Rep. N. Y. 1813.

WILLIAM LIVINGSTON. 297

offended dignity of the eccentric man, shows no
desire of gratifying his pecuUarities of temper, by
any sacrifice of truth.*

" TO HENRY LAURENS, PREs't. ETC.

" MorristoM^n, 23d July, 1778.
" Dear Sir,

" It is an argument of our depravity, that we are
more apt to pray for dehverance in distress, than
to be thankful after we are extricated from it.
Theology apart, and to speak after the manner of
men, such conduct must be acknowledged to be
very selfish and ungenerous.

" The miracles which Providence has wrought
for us, in our most distressed situation, display the
most illustrious proofs of his supreme government
of the world, and demand our most unfeigned
gratitude, for the continual and astonishing inter-
position of Heaven in our behalf.

" I was in great hopes, upon the intelligence of
our alliance with France, that Congress would
have appointed a day of public thanksgiving.
The arrival of the French fleet is an additional
motive for such a solemnity. Our fields are
loaded with a most plenteous harvest, which of

* At the time of the battle of Monmouth, as I am informed by
Major Morford, of Princeton, one of the few remains of the gal-
lant band of the revolution. Governor Livingston was at that
place ; the Assembly, which frequently met at that town, some-
times sat in the tavern now kept by Mr. Joline, and the dancing-
room in that building was then, I am told, the Court of Chancery.

p P

298 tuf: lifk of

itself deserves, as a pui)lic l>lcssinfT, to be ac-
knowledged with publi<' gratitude. Our late suc-
cesses are great and numerous, — our prospect in
future animating and glorious. I cannot but think
that such a measure is an indispensable duty, and
I dare affirm that it would ho extremely agreeable
to all pious people, who are all friends to America,
for I never met with a religious tory in my life.
Among other blessings I am thankful that Mr.
Laurens presides over Congress, and that he has
been pleased to honour with his friendship his
most humble servant,

"WiL. Livingston."

The following extract from a letter written by
Governor Livingston from Morristown, 25th July,
1778, to Samuel Allinson, a Quaker, shows how
thoroughly the principles of republicanism and
equality were implanted in his mind. We shall
find his efforts directed to the abolition of slavery
rewarded by, at least, partial success at a later
period.

" Respecting the slavery of the negroes, I have
the pleasure to be entirely of your sentiments, and
I sent a message to the Assembly the very last
session, to lay the foundation for their manumis-
sion; but the House thinking us in rather too criti-
cal a situation to enter into the consideration of it
at that time, desired me, in a private way, to with-
draw the message. But I am determined, as far as

WILLIAM LIVINGSTON. 299

my influence extends, to push the matter till it is
effected, being convinced that the practice is
utterly inconsistent with the principles of Chris-
tianity and humanity, and in Americans, who
have almost idohzed liberty, peculiarly odious
and disgraceful."*

* I insert the following from a memorandum of Governor Liv-
ingston, made about this time, to give an idea of his various and
perplexing duties.

•' Agenda et desideranda by the Council of Safety, to meet at
Morristown, Tuesday, 18th August, 1778.

1. Money to be drawn for upon the treasury.

2. The apprehended invasion of Sussex, by Butler's party of
tories and Indians. See Col, Westbrook's letter to General
Winds, 14th August last.

3. Mr. Mercier to be paid for the flints he purchased in Bos-
ton for the use of this State.

4. Part of the flints to be sent for to Princeton, and lodged
with Col. Hathaway in Morris.

5. The lead collected by General Winds to be sent for to
Elizabethtown, and lodged with Col. Hathaway.

o. Hayne's case.

7. Bergen prisoners committed to Morris jail by Justice Ack-
erman.

8. Guard at Closter lately commanded by Capt. Haring.

9. Gerrit Rapelye.

10. The robbery committed by C — 's party in Pennsylvania.

11. A — and T. R — , two prisoners at Melston, to be sent to
Hunterdon jail. See Sheriff" D.'s letter, 11th August last.

12. Recruits from Chambers's battalion.

13. Col. Thomas' case.

14. Prisoners from Sussex."

300 TIIK LIFR OF

"21st August, 1T78.
"Deak Sir,
" I was lionourcd with your Excellency's very
obliging favour of the M\ inst., on the 12th; not
a day has since passed without an earnest de-
sire in my mind to pay my respects to it, but
other employment obliged me, day by day, to say
' to-morrow.'

" We have nothing new from vSpain, I mean new
to me. Gentlemen not only smiled, but laughed
at my ideas expressed while we were reading the
treaties with France, that the Spaniard had his
eye upon the Floridas and Providence, in order to
secure the Straits of the Gulf. My conjecture
was founded on seeing the bauble of Bermuda
thrown in to us, and not a word said of Bahama.
I have lately received strong confirmation of my
suspicions. The post of St. Mark's having been
withdrawn by the English, a Spanish guard, 1
suppose from Pensacola, succeeded them. These
had a conference lately with our friendly Creek
Indians, and in the course of their talks intimated
to the savages, that Spain would soon be repos-
sessed of that post and adjacent country. A vene-
rable Don, who lately dined with me, let the cat a
little further out. Speaking of the late abortive
expedition against St. Augustine, a gentleman
observed in French, that East Florida would be a
great acquisition to South Carolina and Georgia.
My good friend, Don Juan, either unwarily, or

WILLIAM LIVINGSTON. 30*1

supposing I did not understand, replied with much
gravity, ' and also for Spain.' 1 drank a glass of
ale with the Don.

" This I really mean, sir, as a secret, and if we
keep it so, the discovery may be applied to good
purposes, when we come to treat in earnest.

" 1 am afraid our present commissioners are
not apprized of the immense value to our whole
Union of St. Augustine and Bahama, and that too
many of us here view the possession in a light of
partial benefit. If the lampoon of New-York hurt
Gov. Johnstone, W, H. D.'s declaration will not be
received as an healing-plaster ; this thing, by-the-
by, was sadly hurried up ; I had been for a fortnight
anxiously soliciting my friend out of doors to in-
troduce an act or resolve to the same effect ; but
through delay, we were necessitated to accept
of a stiff performance, without time for proper
amendments.

" Your Excellency may not have seen the late
remonstrance and requisition of Gov. Johnstone
and his colleagues. I shall enclose with this a
copy of that, and of Mr. Adam Ferguson's letter
which ushered the paper, calculated, as I presume,
to retort upon Congress for the late publication
signed ' Charles Thomson.' It is impossible they
can conceive that Congress will admit their com-
mission for quieting disturbances, founded on a
special act of parliament, as sufficient authority
for making a ' distinct and explicit ratification of
the convention of Saratoga' — or, that it contains a

302 TUF, MFF. OF

' proper notification hy llio court of Great Britain
to Congress.'

"Congress have committed their paper; an
honour which, in my humble opinion, it is not
entitled to.

"The act of the 8th of January has exceedingly
embarrassed the wise men of the east. A confor-
mity with the terms will amount to an acknowledg-
ment of our capacity to treat as a nation. Any-
thing below, will imply a continued claim upon us
as subjects in rebellion, to which we will not
subscribe. Hence the court perceive the dilemma
to which she is reduced by a few cunningly de-
signed words, dropped from the pen of her ma-
rionette, Lieutenant-general John Burgoyne, Esq.,
who has acknowledged in Parliament that he
solely penned his infamous proclamation, and in
the same moment declared he had no intention
to carry his threats into execution. And it is not
to be wondered, that in such circumstances, they
instruct their present minions to try the effect of a
httle ambi-dexterity.

" I am, with high esteem, &c.

" Henry Laurens.

" P.S. I have been long out of humour with the
too comprehensive term ' continental,' and have a
strong inclination to coin ' confoederal.' If your
Excellency has no objection, it shall pass."

WILLIAM LIVINGSTON. 303

PREs't. LAURENS TO GOV. LIVINGSTON.

" 1st September, 1778.
" Dear Sir,

" Your very obliging favour of the 21st reached
me the 25th, and has been ever since lying in my
view. A scroll of the same date, which I had the
honour of writing, will have informed your Excel-
lency that I was not dead. 1 have not leisure for
attending to a business which we ought to be least
concerned about.

" More of my time than usual had indeed been
engaged in eating and drinking in that interval of
silence which is so kindly pointed to in your Excel-
lency's letter, and as I make it a rule never to
neglect my duty, a faithful discharge had en-
croached largely upon hours which are generally
passed on the pillow ; this excluded much of my
satisfaction in private correspondence, but the
honeymoon is over. We have slacked into an
easy trot again, and Mr. Gerard is an excellent,
sensible, sociable neighbour, and conducts his
visits without that formality which is an interrup-
tion to a drudging president. I presented, a day or
two ago. Governor Livingston's comphments to
him; he longs to see you; and 1, sir, shall think
my paper correspondence realized by the honour
of your Excellency's company. Upon my honour,
sir, 1 have many things to say, which ought to be
said, and which I would attempt to say as properly
as loudly, were I not exactly in the station I am.

"I do assure you, sir, our circumstances are

304 THE LIFE OF

truly deplorable. I would touch gently on profli-
gacy of time and treasure, upon connivals or col-
lusion. foUv or tyranny, especially when I meant to
impute any or all these to a person whose bottom
of heart was good, or where the innocent might
suffer for the errors of the mistaken, as soft a term
as 1 can think of. But 'tis high time to pursue
measures for the protection of those innocents,
who are kept in an implicit belief that all is solid
gold because of the much glistering — a worm in
one night destroyed the mansion of Jonah.

" Mr. Deane, late one of our commissioners, has
been near two months with us. We know too
much, and yet I almost fear we know nothing of
our affairs in Europe. I do not mean hence to
impute blame to Mr. Deane ; he has complained
heavily to me in private of inattention on our part
* * * * serious matters, entre nous.

" Three hours, my dear sir, have I been writing
(not studying one second what I should write),
these two pages ; — perpetual influx of personages
of all sorts this morning, as if people had de-
termined 1 should never write to Governor Living-
ston again. The finger now points to 9. I must
fly to be in the way of my duty, although ex-
perience has taught me I shall have squandered
an hour and an half when I enter upon it.

" For your Excellency's amusement, entertain-
ment, and information, 1 shall send with this copies
of curious papers, which 1 have just received from
Messrs. les Commissioners, who, as the merchants

WILLIAM LIVINGSTON. 305

express, have discarded one partner, and opened a
house under a new firm. In the language of an
old fellow, I say, had my advice heen followed at York-
town^ we should have preserved our dignity, given
satisfaction to our constituents, and have been
free from the impertinent attacks of these people.
Mr. Johnstone's declaration in particular, cannot
escape in New-Jersey the correction it deserves,
when the proper time shall come, of which due
notice shall be given ; it ought to be bated every-
where.

" I go now to see whether we can with good
grace recover the ground on which we stood on
the last fast-day, 22d of April. Adieu, dear sir.
" 1 am, with much affection and respect, &c.

" Henry Laurens."

" TO HENRY LAURENS, PREs't., ETC.

"Princeton, 17th September, 1778.
" Dear Sir,
" I have very little faith in dreams ; but when-
ever those unaccountable visions of the night make
so strong an impression upon the sensorium, as
that 1 can recollect in the morning whole para-
graphs and pages of what I dreamed, or read, or
heard while asleep, 1 always commit them to writ-
ing for the sake of observing the difference be-
tween one's sleeping and waking vagaries ; and as
the former with respect to myself may at this time
of life be full as sensible and entertaining as the
latter, I take the liberty to send your Excellency

306 THE r.IFF, OF

my last niglit's dream, which, to prevent any suspi-
cion of wilful defamation, and recollecting that
during tlic reigns of tii(3 Roman emperors, many a
poor fellow was capitally punished for dreaming
about liis superiors, 1 shall communicate to no-
body but yourself

" Methought a little fairy, ten thousand times as
handsome as the most beautiful tory lady in Phila-
delphia, with her top-gallant commode, stood at
my bed-side (she must either have come through the
key-hole, or a broken pane of glass, as 1 am positive
the door was locked), and delivered me a paper
with the identical words contained in the enclosed,
and then instantly vanished without utterijig a syl-
lable except — but virtue is its own reward.

" ' FACTS.

" ' The largest return of the army commanded
by Major-General Sullivan in his attempt against
Rhode Island, never amounted to ten thousand
men ; so that the militia of the eastern States
which joined him could not have exceeded five
thousand men.

"'To join his Excellency General Washing-
ton in his pursuit of the enemy thro' New-Jersey,
the firing of a tar-barrel, and the discharge of a
cannon, instantly collected four thousand of our
militia in the time of harvest, to co-operate with
the grand army.

" ' The eastern volunteers, which composed great
part of General Sullivan's army, returned home
before his retreat.

WILLIAM LIVINGSTON. 307

" ' The Jersey militia continued with General
Washington till the enemy was routed, and their
assistance no longer necessary.

" ' General Sullivan seems rather to complain of
the eastern militia's going off^ and reducing his num-
bers to little more than that of the enemy.

" General Washington declares his deep sense
of the service of the New-Jersey militia, in opposing
the enemy on their march from Philadelphia, and for
the aid which they had given in harassing and impeding
their motions, so as to allow the continental troops to
come up with them.

" ' The honourable the Congress, by their resolve
of the 10th instant, declare their high sense of the
patriotic exertions made by the four eastern States
on the late expedition against Rhode Island.
" ' But

" ' By no resolve did Congress ever manifest any
sense of the patriotic exertions of the State of New-
Jersey in twice putting the enemy to rout, in their
march through that State, with nearly their whole
army.

" ' Oberon, Chief of the Fairies.''

" I am, with the highest respect, &c.

"WiL. Livingston."

To the complaint made in this fictitious dream
in behalf of the State of New-Jersey, Laurens sent
the apparently satisfactory reply alluded to in the
following letter ; but unfortunately 1 have not been
able to obtain it.

308 THr LIFE OF

" TO HENRY LAURENS, I'REs't., ETC.

" Princeton, 9th October, 1778
" Dear Sir,
" Our Assembly being dissolved by the constitu-
tion, and the act constitutin<j our Council of Safety
expired by its own limitation, I stand some chance
of seeing my family at last, and perhaps the devil
and the tories may so manage their cards at the
ensuing election that I may have no avocation to
leave it in future. I am much more pleased
with the old man's dream amended^ than I was with
the original, and the conclusion I like extremely.
With great delicacy to Congress, and putting a
new plume in the cap of liberty, the old gentleman
must escape the censure of the most severe.
Your Excellency has by this time seen (the last I
know not whether I can say, considering that
some people make more dying speeches than one,
but) the second dying speech of the British com-
missaries. Does not the very pomposity of the
vellum, and the grandeur of the types and margin
strongly operate towards your conversion.'' No!
why then 1 am sure the matter will not. * * *
Thanks to their Excellencies, however, for the
quantity of waste paper with which they have fiir-
nished me under the denomination of proclama-
tions, and the excellent tape which surrounded the
packets ; of both which I stood in most lamenta-
ble need. Conceiving that they would afford very
little edification to the several bodies in this State,
civil, military, and ecclesiastical, to which they were

WILLIAM LIVINGSTON. 309

directed, 1 have made prize of almost the whole
cargo, without any lawful condemnation in the Ad-
miralty, with felonious intent to convert them to my
own private use. His majesty's arms, however (hav-
ing in days of yore heard so much about the Lord's
anointed), 1 shall carefully separate from the rest
of the sheet, and apply to the embellishment of my
little grandson's kite — and oh ! for the vellum origi-
nal, signed and sealed with their Excellencies' own
proper hands and seals, I'll certainly lay it up in
lavender, that if 1 am hanged at last, my latest
posterity may know that it was through downright
love of hanging, after having refused so gracious
and unmerited a pardon on repentance, with so
grim frowning a lion at the top, denouncing the
royal vengeance in case of contumacy.
" 1 am, dear sir, &c.

" WiL. Livingston."

On the 31st of October, Livingston was re-
elected Governor by thirty-one votes, General
Dickinson receiving seven.

" TO THE BARON VAN DER CAPELLEN, HOLLAND.

« Trenton, 30th Nov., 1778.
" Sir,
" Having the greatest reason to believe that the
Dutch nation, as well as the rest of Europe, has
been most egregiously deluded by the artifices and
misrepresentations of the Enghsh emissaries, re-
specting the contest between Great Britam and

310 THE LIFE OP

America, I could not refrain from embracing so
favourable an opportunity as tliat wbich is now
presented me by Col. Dirck's return to Holland
(who leaves a very favourable character behind),
to address you on thai inijKjrtant subject. What
has imboldened me thus to obtrude myself upon
you without introduction is, the honour and esteem
you have acquired in America, by your spirited
speech on that memorable occasion, when you ap-
peared the only friend of injured innocence, and

the only advocate for persecuted liberty."

# # * # #

Governor Livingston gives a short sketch of the
contest in America, and then proceeds.

" Ours was really an opposition justified by the
principles of self defence, entered into with the
greatest reluctance, and sanctioned by the most
unavoidable necessity. It was seriously, it was
conscientiously entered into. Nor was it stimu-
lated by the arts and influence of any popular
leaders (as our enemies affect to represent the
matter), but originated from the people at large,
and at once, who, as a certain historian describes
them upon another occasion, orrmes conjiuxere quasi
ad extingiiendum commune incendium. It was the
people who rendered it unpopular, and even dan-
gerous for men of rank and fortune not to join, to
assist, and to serve them in the defence of their
liberties. And those whom our enemies call the
leaders of the people are in reality no other than
men appointed by the people (from a persuasion

WILLIAM LIVINGSTON. 311

of their superior abilities), to manage the pubhc
affairs, and whose offices are determinable by the
same authority which bestowed them ; and many
of whom would rather have been excused from
encountering the danger and the trouble to which
they exposed themselves. This, sir, you may de-
pend upon as fact, and of this you are at liberty to
avail yourself as occasion may require in the most
public manner. * * *

"There is another deception, sir, into which
many gentlemen of Europe have been led by the
artifices of the British ministry, and thereby discour-
aged from giving that countenance to the cause of
America which their love of liberty and indignation
against wanton oppression would otherwise prompt
them to give. I mean that a reverse.of fortune dur-
ing the war will induce us to surrender our inde-
pendence, and submit to our old master ! As it is
impossible for mortal ken to penetrate the womb of
futurity, it is impossible for us certainly to know that
such an event will never take place. But of all the
improbabilities in the world, it is one of the most
improbable ; and I should as soon persuade myself
that we shall in some future period of time surren-
der ourselves the willing slaves to the emperor of
Morocco or Japan. The spirit of the Americans
is inflexible, their resources are inexhaustible, their
aversion to the British monarchy is irreconcila-
ble, their army numerous and well disciplined, and
their several political constitutions the idol of the
people, and calculated to perpetuate freedom to

312 THK MFK OF

tlic remotest generations. Besides all this, their
stru<Tg]c is, to all human appearances, near its close,
with the faircf^t prosp(!ct of final triumph. Now,
sir, is the time, if haply not already elapsed, for
Holland, once the scourge of tyrants and the
asserter of hberty, to avail herself of a share of
the emoluments of our commerce, by showing her
affection for a people whose sufferings have been
so similar to her own, and whose national glory
will shortly not be inferior.

" If the present opportunity is neglected, the
time may come when their high mightinesses shall
wish they had, at least, been the second power in
Europe that acknowledged the independence of
America.

" From my affection for het Vaderland (political
considerations apart), I could wish for a friendly con-
nexion between the old and the new Netherlands,
being by parentage at least three-quarters of a
Dutchman myself. But 1 hope neither of us are
moved by such accidental distinctions, and partial
inducements, but are possessed of hearts capable
of embracing all mankind, and sympathising with
every part of the human species that groans under
the iron rod of tyranny, in every region of the
globe. If by any of the preceding facts (upon
which you may depend as indubitable truths), I
should be instrumental in removing any prejudices
which you may have imbibed against America, by
the misrepresentation of its adversaries ; or if 1
should have furnished you with any hints which

WILl-IAM LIVINGSTON. 313

may tend either to your entertainment or use, I
shall think myself most happy.

TP ^ TV* ^ ^ Tp

" I have the honour to be, sir,
" With the greatest esteem and respect, &c.

" WiL. Livingston."

Of the person to whom the preceding letter was
addressed, Mrs. Warren thus speaks.*

" None of the principal characters among the Ba-
tavians were more zealously interested in the suc-
cess of the American struggle for independence than
Robert Jasper Van der Capellen, Lord of Marsch.
This worthy Dutchman, as early as December,
1778, had soHcited a correspondence with several
of the most prominent characters in America.
He was a zealous supporter of the American
claims, and predisposed many of his countrymen
to unite cordially with them, and enter into trea-
ties of amity and commerce previous to the arri-
val of a minister at the Hague."

Mrs. Warren apparently confounds Robert Jas-
per with Johan Dirk,t his uncle, who answers ex-
actly to the above description. He is mentioned
by BelshamJ as zealously opposing the British in-

* Hist. Am. War, ed. 1805, chap.xvii. pp. 273-4.

t The entire address of this nobleman as it stands in Gov.
Livingston's letter-book, is as foUow^s — " Johan Dirk, Baron van
der Capellen, Seigneur de Pol, Membre du Corps des Nobles
d'Overyssel k Zwol dans les Provinces Unies."

t Vol, iii. p. 420.

R R

314 TUF- LIFE OF

tcrest in the States General, prior to the war be-
tween Holland and that country ; and the following
extract from the reply to the above letter, may be
found intcrestinii. as tlirowing lifiht upon the char-
acter of this public-spirited man.

" TO GOVERNOR LIVINGSTON.

" Amsterdam, 6th July, 1779.

" Though 1 have already taken up too much of
your Excellency's attention, 1 must be indiscreet
enough to occupy it a moment longer with a word
concerning my own situation. I have taken the
liberty to give Governor Trumbull a short account
of the unprecedented manner in which my enemies
have endeavoured to drive me from the govern-
ment. Your Excellency must permit me to send
herewith a printed statement of every thing that
concerns me : an unknown friend having done me
the honour to think that my expulsion might be
interesting to posterity, has collected under the
title of CapcUen Regent^ in the order of time, all
the events relating to it * * * What relates
to the Droostcn Dieiistm begins at page 54, and the
following may serve to elucidate the subject.

" The government in the province of Overyssel
is composed of the body of knights (into which
every nobleman of ancient descent, provided he
possess the requisite age and property, is ad-
mitted), and the magistrates of three cities. The
knights have one-half of the votes, and the cities
the other half, for the assembly of the States. The

WILLIAM LIVINGSTON. 315

nobles are members of the diet {Landdage)^ by
right of birth, but the magistrates of the cities
are appointed every year by the Prince of Orange
as hereditary stadtholder, according to his pleasure.
The stadtholder disposes of all civil and military
offices. The principal posts out of the cities, in
the Low Countries, can be filled only by noblemen.
Among the persons holding these offices there are
five who administer justice in the Low Countries,
who execute the laws, and are at the same time
members, yes, and principal members of the
States General, which is with us the highest
legislative authority.

"These five are called Droosien, and exercise
a very extensive sway over the inhabitants, who
in former times were compelled to serve these
Droosten two days in the year with all manner of
service, as slaves. This custom was abolished in
1631, but it was afterwards revived, though the
salaries of these officers had been greatly in-
creased, with an understanding that they would
not exact the service of the people. The city of
Zwol, in the year 1766, made a further effi^rt to
free its inhabitants from this yoke ; this proving
unsuccessful, I espoused the cause of my oppressed
fellow-citizens with more ardent sympathy, as may
be found by my speech (page 77). The result
was, that the knighthood of two cities becoming
outrageous, instituted legal proceedings against
me, and in the mean time have, viafacti, excluded
me firom the Diet.

niG TMF. MFF. OF

"Upon this I addressed myself to the prince, as
stadtholdcr and liead of tlie judiciary, but to no
purpose. My opponents now changed their mode
of attack, and said no more of judicial proceedings,
in wliich they had no ho|)cs of success ; but my
lord the stadtholder proposed, and the knight-
hood immediately assented to the proposition,
that the only question submitted for adjudication
should be, what amount of satisfaction 1 should
give to be restored to the government. In oppo-
sition to this I presented a memoir, not yet
printed, and which 1 shall take the liberty of
sending to your Excellency, wherein I urged, in
the strongest terms, that my accusers should
commence a suit against me, which I might defend
according to law, and that the decision of an
impartial judge should bind both parties ; but this
was a favour I coidd not obtain. They refused
me the privilege, not denied even to a malefactor,
viz. to be judged according to the laws of the
land. — In one word, I am excluded from all share
in the government.

" The efforts which I am still making to be
restored to my share of it, arise only from a sense
of honour. Formerly 1 had the happiness to lead
a quiet, obscure, and private life ; but for the last
seven years I have experienced all the bitterness
of public contests, and a fish cannot long for the
water more than 1 desire to make my retreat from
the political world in a becoming manner, and to
spend the rest of my life (being now forty years

WILLIAM LIVINGSTON. 317

old) free from all tumult. The only wish I form
is to do this in happy America, but alas, this my
situation forbids. 1 hope yet to visit that fortunate
country, but the pleasure of making it my abode
is denied me. If 1 can serve it with my tongue or
pen, be assured, sir, that I shall omit no opportu-
nity of so doing. A specimen of these efforts may
be found in Doctor Price's preface to the edition
of my translated works.

"The opinion of the nation, concerning my
removal from the government, may be seen in
the pamphlets sent herewith; the indignation on
the subject of the treatment I have received is
incredible.

" I have, &c. &c.

"J. D. Van der Capellen."*

In a subsequent letter, this true-hearted Hol-
lander exclaims, " May the good God grant that
the efforts to bind America and our republic
together as sisters may succeed, and the counsels
of the traitors who endeavour to prevent it may
be brought to nought."

* The original of this letter is in Dutch, and errors may have
crept into the translation, for which I am indebted to a friend,
from the unfamiliarity of the subject, which would not have been
committed by one more acquainted with the intricate internal
structure of the government of the Netherlands.

318 THE LIFF. OF

CHAPTER IX.

1779 — Extracts from Governor Livingston's Correspondence —
February — Attack upon his house — Letters from Hamilton
and Washington — 1780 — May — British Orders for capture of
Governor Livingston — Incursion of the Enemy into New-
Jersey — Attack upon Livingston's house — His insufficient
Salary — Letters.

The loss of nearly all Governor Livingston's
correspondence belonging to 1779, compels me to
continue the mode adopted in my narrative* of the
preceding year. The following letter well exhibits
the resolute spirit which had defied the previous
hardships of the arduous contest, as yet far from a
close. It is addressed to the correspondent whose
name has already occurred on these pages.

" TO THE REV. MR. CHAUNCEY WHITTELSEY.

" Elizabethtown, January 1st, 1779.
" Dear Sir,
" 1 have received your kind letter of the 10th of
last month, accompanying a copy of your election
sermon, for which I return my hearty thanks,
and upon which 1 set a particular value, as well on
account of my friendship for the author, as the
intrinsic merit of the composition itself Happy,
sir, thrice happy should I be to have ray adminis-
tration answer your devout wish expressed in the

WILLIAM LIVINGSTON. 319

sublime language of your text! It is indeed a
critical time, and it requires uncommon abilities and
address to discharge an office of such importance
and so great confidence, with proper activity and
prudence, much greater, beyond question, than 1
can pretend to be master of. But I have in so re-
markable a manner been supported from above
through a more laborious scene of business than
my constitution was equal to in the prime and vig-
our of my life ; and been preserved from so many
dangers both from intestine and foreign enemies,
to which my station, and the opinion they were
pleased to entertain of my consequence to our
cause, constantly exposed me, that I should think
myself worse than an infidel not to acknowledge the
conspicuous finger of Heaven, or to be unimpressed
with a deep sense of God's gracious assistance
and superintending Providence. I have been ena-
bled to despatch more business for the two years
last past, than ever 1 did before in double the time,
with the advantage of all the strength and vivacity
of youth (when yet I did not think myself an indo-
lent man), and that without a moment's bodily in-
disposition or lassitude, and with an almost unin-
terrupted flow of spirits ; and all this amidst the
deprivation of a thousand of those comforts and
conveniences which long habit had taught me to
consider as the necessaries of life, without being
in the least affected with the loss. But it is high
time, sir, to apologize for so much egotism, which
I assure you nothing could have extorted from me

320 THE I.IFF, OF

but the strong oblijfration 1 feel of recounting, upon
all proper occasions, such m.anifest proofs of the
Divine goodness, and the pleasure which I pre-
sume from our former connexion (and I hope our
present friendship), you will participate with me in
the grateful recollection.

" I hope the scoundrels will not pester us with
another campaign; but if they are incorrigibly de-
termined by continuing to Avar against us, to war
against common sense, and every maxim of sound
pohcy, until they plunge themselves into irremedi-
able ruin,y?a/. 1 believe the spirit of America is as
inflexible, and the aversion to British tyranny as
irreconcileable as ever ; and I doubt not the same
strong hand and outstretched arm that hath con-
ducted us thus far, will lead us to complete and
final triumph. They have, from very probable ac-
counts, taken 30 Dutch vessels bound to the West
Indies, with French manufactures, which I hope
will inspire their high mightinesses with too much
resentment to be douceured with compliments, or
to be stifled by three pair of Dutch breeches.

" I wish you, my dear sir, many happy years,
and a most successful ministry — I shall always be
glad to hear of your welfare, and not a httle proud
of your correspondence ; and am, with the most
sincere respect, &c.

"WiL. Livingston."

The following letter is from the subject of this
Memoir to his nephew.

WILLIAM LIVINGSTON. 321

" TO WALTER LIVINGSTON.

" Elizabethtown, 2d January, 1779.
"^ " Dear Sir,

"It is but a few days since I had the pleasure of
receiving yours of the 20th of November. * *

" Should the passing a law of the like import by
your State be attended with the consequences you
seem to apprehend, it would doubtless be most
advisable to defer the measure ; but of the proba-
bility of such an event I do not pretend to be a
competent judge. The scoundrels have, however,
shown themselves capable of actions still more
atrocious and infernal. For our act, at least for
the substance of it, 1 was an advocate. But the
circumstances of the two States are not altogether
similar. In the instance you mention, in which
you are certainly exposed to peculiar destruction,
they differ greatly. But to give any explicit
opinion on the subject, I have particular reasons
for declining, or I should do it with great alacrity.

" Remember me very affectionately to your good
father, and tell him that I was most inexpressibly
rejoiced to hear that he so manfully resisted the
sohcitations of some of his pretended friends, who,
from the influence which they flattered themselves
they had over him, attempted to take the advan-
tage of his declining years, and seduce him into a
compliance with the terms of the British procla-
mation, for which they deserve to have their
throats cut. Had they succeeded in their infa-
mous manoeuvre, such an inglorious dereliction of

s s

322 THF, LIFF. OF

the common cause by llic liead of the family
would have pierced mo to tiie heart ; and dis-
tressed me more than any disaster that ever befell
me. I hope the thieves will evacuate New-York
before next spring, and not protract their uncon-
scionable incivility of debarring one from a dish
of fryed oysters. With my compliments to cozin
Livingston,

" 1 am, &c.

" WiL. Livingston."

The blended respect and affection with which
the writer of the above letter refers to his brother
Robert, the proprietor of the manor, as ' the head
of the family,' is a striking specimen of the
peculiar feelings sometimes resulting from the
establishment of primogeniture, and which we
frequently see strongly illustrated in that citadel
and bulwark of by-gone theories, the English
aristocracy.

About this time occurred one of those circum-
stances which sometimes so curiously diversify
the aspect of the ' horrid front' of war. On the
28th of February, a party of British troops from
New-York landed at Elizabethtown-point, under
the command of Colonel Stirling; their objects
being to take Governor Livingston, whom they
expected to find at his residence ; and to surprise
the force under Brigadier-general Maxwell, sta-
tioned in the village. Dividing their numbers
accordingly, one detachment burst at the dead of

WILLIAM LIVINGSTON. 323

night into Liberty Hall, crying out for ' the damned
rebel Governor !' Livingston had, however, very
fortunately left home some hours before, and was
at this time sleeping at a friend's house a few
miles distant.

After ascertaining positively that he was not in
the house, the British officer demanded his papers.
All his recent correspondence with Congress,
Washington, and the state officers, which would
have proved a valuable prize, was in the box of
his sulky, standing in the parlor. His daughter,
however, with great presence of mind, appealed to
the officer as a gentleman and soldier, represented
to him that the box contained her private pro-
perty, and that if it were protected she would
show him what he wished. A guard being accord-
ingly placed over it, the men were led into the
library, where they filled their foraging bags with
old law papers of no value. After many menaces
of violence and threats of setting fire to the house,
they finally departed, without securing the only
plunder which would have rewarded their efforts.
Joining the other division of their force, which had
been equally baffled in its object, they burned one
or two houses in the village, and then fell back to
New- York.

With reference to this predatory invasion, Gov-
ernor Livingston addressed a letter to Sir Henry
Clinton, then commanding at New-York, and the
answer of the British officer drew forth a reply.
This correspondence was pubhshed, and may be

v321 THF, LIFF. OF

found in ilic g;i7,cttos ot" llio day. Clinton's share
of it affords a striking instance of that arrogance
and insolence which marked tlie ])earing of the
English civil and military agents during the war,
and is the counterpart of that conduct which in
later days has done so much to alienate the affec-
tions of Americans from the channel which they
would naturally seek. Thus ignorance and ill-
nature become truly formidable, and thus great
nations are compelled to atone for the sins of
paltry individuals.

To this period also belongs an incident which
is so strongly illustrative of the character of sev-
eral of the agents of the revolution, that I cannot
refrain from allotting to it considerable space.
Some ladies residing in New-York, friends and rela-
tives of Governor Livingston's family, applied to his
daughter to use her influence with her father to ob-
tain for them leave to pass a short time with her in
New-Jersey. Miss Livingston knowing her father's
rules on this subject, and well aware of his inflexi-
bility to such applications, addressed herself to
Alexander Hamilton, then an aid-de-camp of Gen-
eral Washington, with a request that he would
procure the requisite permission from the com-
mander-in-chief To this application Hamilton
returned the following answer.

" TO MISS LIVINGSTON.

" 1 can hardly forgive an apphcation to my hu-
manity, to induce me to exert my influence in an

WILLIAM LIVINGSTON. 325

affair in which ladies are concerned; and espe-
cially when you are of the party. Had you ap-
pealed to my friendship, or to my gallantry, it
would have been irresistible. I should have
thought myself bound to have set prudence and
policy at defiance, and even to have attacked wind-
mills in your ladyship's service. I am not sure, but
my imagination would have gone so far as to have
fancied New-York an enchanted castle — the three
ladies so many fair damsels ravished from their
friends, and held in captivity by the spells of some
wicked magician — General Clinton a huge giant,
placed as keeper of the gates, and myself a valor-
ous knight, destined to be their champion and
deliverer.

" But when, instead of availing yourself of so
much better titles, you appealed to the cold, gen-
eral principle of humanity, I confess I felt myself
mortified, and determined, by way of revenge, to
mortify you in turn. I resolved to show you, that
all the eloquence of your fine pen could not tempt
our Fabius to do wrong ; and avoiding any repre-
sentation of my own, 1 put your letter into his
hands, and let it speak for itself. 1 knew, indeed,
this would expose his -.resolution to a severer trial
than it could experience in any other way, and 1
was not without my fears for the event ; but if
it should decide against you, I anticipated the
triumph of letting you see your influence had
failed.
. " I congratulate myself on the success of my

32G THE LIFF. OF

scheme ; for tliougli there was a harder struggle
upon the occasion, jjetwecn inchnation and duty,
than it would be for his honour to tell ; yet he at
last liad tlic courafrc to determine, that as he could
not indulge the ladies with consistency and propri-
ety, he would not run the risk of being charged with
a breach of botli. This he desired me to tell you,
though, to be sure, it was done in a diflerent man-
ner, interlarded with many assurances of his great
desire to oblige you, and of his regret that he
could not do it in the present case, with a deal of
stuff of the same kind, which I have too good an
opinion of your understanding to repeat.

" I shall therefore only tell you, that whether the
governor and the general are more honest, or more
perverse, than other people, they have a very odd
knack of thinking alike; and it happens in the
present case, that they both equally disapprove the
intercourse you mention, and have taken pains to
discourage it. I shall leave you to make your own
reflections upon this, with only one more observa-
tion, which is, that the ladies for whom you apply
would have every claim to be gratified, were it not
that it would operate as a bad precedent.

" But before I conclude, it will be necessary to
explain one point. This refusal supposes that the
ladies mean only to make a visit and return to
New-York. If it should be their intention to re-
main with us, the case will be altered. There will
be no rule against their coming out, and they will
be an acquisition. But this is subject to two pro-

WILLIAM LIVINGSTON. 327

visos — 1st, that they are not found guilty of trea-
son, or any misdemeanor, punishable by the laws
of the State, in which case the general can have
no power to protect them ; and, 2dly, that the ladies
on our side do not apprehend any inconvenience
from increasing their number.

" Trifling apart, there is nothing could give me
greater pleasure than to have been able to serve
Miss Livingston and her friends on this occasion, but
circumstances really did not permit it. I am per-
suaded she has too just an opinion of the general's
politeness not to be convinced that he would be
happy to do any thing which his public character
would justify, in an affair so interesting to the ten-
der feelings of so many ladies. The delicacy of
her own ideas will easily comprehend the deUcacy
of his situation — she knows the esteem of her
friend,

" A. Hamilton.

" The general and Mrs. Washington present
their compliments.

"Head-quarters, March 18th."

About this time I find Governor Livingston con-
tributing, under the signature of Hortentius, to the
United States Magazine, published by Hugh Brack-
enridge, at Philadelphia. But not long subsequent
to this period, several members of the Legislature
expressing their dissatisfaction that the chief
magistrate of the State should contribute to the
periodicals, he discontinued his communications

328 THK MKK OF

altogether, and appears to have written nothing
for the press for several years.

" TO MR. ANTHONY BLEECKER.

"Trenton, 1st May, 1779.
« Sir,

" I enclose you one dozen fish-hooks, and should
have strictly pursued your orders as an honest fac-
tor, by sending you three dozen as per invoice,
but that they are advanced to the abominable
price of half a dollar a-piece. Indeed I was almost
deterred from buying any, but that I thought you
and the other gentlemen fishers would not choose
to be totally debarred from the sport for the sake
of a few dollars, especially as you can sell your
trout at a proportionable advance.

" 1 have no news to write you, but that about
70 of our militia have drove between 6 and 800
British troops from Middletown, quite to their
boats ; and the latter never pretended to make a
stand, except by just facing about on every advan-
tageous spot, and giving one volley, and then again
prosecuting their flight.

" We have hitherto proceeded so slowly in our
legislative capacity, that I fear we shall sit out all
the trouting season ; but I must give our Assem-
bly one huzza for having voted a tax of a round
million, not of dollars, sir, but fair honest pounds
of twenty shillings to the pound. With my com-
pliments to Mrs. Bleecker,

" I am, &c.

"WiL. Livingston.'*

WILLIAM LIVINGSTON, 329

FROM GENERAL WASHINGTON.

"Head-quarters, Middle Brook, )
4th May, 1779. \

" Dear Sir,

" I have received the honour of your two letters,
both of the 1st instant.

" 1 have generally been so happy as to agree
with your Excellency in sentiment on public mea-
sures ; but an instance now occurs, in which there
happens to be a difference of opinion. 1 am
extremely apprehensive that very disagreeable
consequences may result from an increase of the
standing pay of the militia. It would create an
additional cause of discontent to the soldiery, who
would naturally draw a comparison between their
situation and that of the militia ; and would think
it very hard and unjust that these should receive
for temporary services a greater reward than they
for permanent ones. This would occasion disgust
and desertion, if not mutiny, among those already
in the army ; and would be a new discouragement
to others from entering into it. The only remedy
would be to augment the pay of the soldiery to an
equal sum, and the like must be done in the other
States to their militia. The addition of public
expense would then be excessive, and the decay of
our credit and currency proportional.

" Your Excellency will agree with me that every
step should be carefully avoided which has a
tendency to dissatisfy the army, already too little
pleased with its condition, and to weaken our

330 THE LIFE OF

military establisliment, already too feeble, and
requiring every prop our circumstances will afford
to keep it from fallin<T into ruin!

" I should imagine the militia of the country is
to be drawn out by the authority of the govern-
ment, rather than by the pecuniary reward attached
to their service ; if the former is not sufficient, the
latter I apprehend will be found ineffectual. To
make the compensation given to the militia an
inducement of material weight, it must be raised
so high as to bear a proportion to what they
might obtain by their labour in their civil occupa-
tions; and in our case to do this, it must be
raised so high as, I fear, to exceed the utmost
stretch of our finances.

" But if it is thought indispensable to increase
the emoluments of service, in order to bring out
the militia, it will be best to do it by a bounty
rather than a fixed monthly pay. This would not
be quite so palpable, nor strike the minds of the
army with the same degree of force. But even
this is a delicate point, and I have uniformly
thought the large bounties which have been given
in State enlistments, and to the militia, have been
a very fertile source of evils, and an almost irre-
parable injury to the service.

" I have taken the liberty to communicate my
sentiments on this subject with great freedom to
your Excellency, as it appears to me a matter of
extreme importance; and as I have the most
entire confidence in your candour and fiiendship.

WILLIAM LIVINGSTON. 331

If my objections do not appear valid, you will at
least ascribe them to their proper motives. I
shall, agreeable to your Excellency's wish, continue
the troops, or the principal part of them, at their
present stations, as long as it can be done without
interfering with the main object. I believe it will
be a few days beyond the period limited in my
former letter. *****

" From the general complexion of the intelli-
gence from England, and from that of the minis-
ter's speech, of which I have seen some extracts
in a New- York paper of the 1st instant, there is
in my opinion the greatest reason to beheve, that
a vigorous prosecution of the war is determined
on; considerable reinforcements have been fre-
quently mentioned as coming over to Sir Henry
Clinton. This by many is discredited ; but to me
it appears so probable as to demand our most
serious attention. While England can procure
money she will be able to procure men, and while
she can maintain a balance of naval power, she
may spare a considerable part of those men to
carry on the war here. The measures adopted
by Parhament some time since, for recruiting the
arm.y, were well calculated to succeed ; and the in-
formation we have received justifies the belief that
it has been attended with no small success.
Under these circumstances prudence exacts that we
should make proportionable exertions on our part ;
and I assure your Excellency the situation of our
army demands them. I am sorry to find our pros-

332 THE MFF. OF

pects of a reinforcement are extremely slender.
The Virginia levies intended for this quarter are
now of necessity ordered to the southward ; few of
the States have, as yet done any tiling that has
come to my knowledge towards augmenting their
battalions. This discouraging aspect of things
justifies no small degree of anxiety and alarm.
I confess, my feelings upon the subject are painful.
I am persuaded, sir, you will be ready to promote
every measure which may be found practicable for
completing the battalions of this State, and I beg
leave to recommend the matter to the most par-
ticular attention.

" With every sentiment of regard,
" 1 am, dear sir, yours, &c.

" Go. Washington."

*' to general WASHINGTON.

"Trenton, 8th May, 1779.
" Dear Sm,
" I have received the honour of your Excel-
lency's favour of the 4th instant, and am very far
from differing with you in sentiment ' that the
militia of the country should be drawn out by the
authority of the government, rather than by the pe-
cuniary reward attached to their service.' This
has always been my opinion, and 1 have used my
utmost exertions to get our militia upon that foot-
ing ; but it is a matter, rather to be wished than ex-
pected, as our Legislature have uniformly mani-
fested a disinclination to use any compulsion. And

WILLIAM LIVINGSTON. 333

when it is considered that the five shilhngs per day
which they have added to the pay of the mihtia,
is not equal to what they have lately done for the
standing troops, 1 flatter myself that it will not
be attended with the disagreeable consequences
which your Excellency apprehends. The truth is,
that the militia have of late been so extremely
backward to come out in the monthly service, that
without some addition to their past allowance,
it was universally apprehended that our frontiers
would be entirely left to the mercy of the enemy ;
but for the reason your Excellency assigns, I wish
it had been by way of bounty, instead of augmen-
tation of wages.

" The confidence your Excellency is pleased to
place in my friendship affects me with inexpressi-
ble pleasure. I hope, sir, you will never have rea-
son to think it misplaced ; and your friendship in
return, which indeed so bought is too cheap a pur-
chase, I shall always consider as the greatest feli-
city of my life. The communication of your sen-
timents in the freest manner, upon any pubhc
measures, I shall not only esteem an honor done
me, as a convincing mark of your confidence, but
shall ever endeavour to improve them to the pub-
lic emolument, which I am sure will be the only
motive which suggests them.

" Our pohtical stupor and security, owing to our
last year's successful campaign, or thirst for the
mammon of unrighteousness, is truly lamentable,
and I am entirely of your Excellency's opinion that

'AM THE LIFE OF

there is the greatest reason to believe, that a vig-
orous prosecution of tlie war is determined on
the part of tlie enemy. . Tlie slowness of our pro-
gress towards conipktint^r our quota of your rein-
forcements afl'ects me with unspeakable chagrin;
and I can assure your Excellency, that I do not
lose a day without exerting myself to accelerate
the motions of some gentlemen, who ought not to
want a prompter to that indispensable measure.

" With every sentiment of esteem I have the
honor to be, dear sir, &c.

"WiL. Livingston."

FROM GENERAL WASHINGTON.

"May 22d, 1779.
" Sir,
" The situation of our affairs at this period
appears to me peculiarly critical ; and this, I
flatter myself, will apologize for that anxiety which
impels me to take the liberty of addressing you on
the present occasion. The state of the army in
particular is alarming on several accounts ; that
of its numbers is not among the least. Our
battahons are exceedingly reduced, not only from
the natural decay incident to the best composed
armies ; but from the expiration of the term of ser-
vice for which a large proportion of the men were
engaged. The measures heretofore taken to re-
place them, so far as has come to my knowledge,
have been attended with very partial success, and
I am ignorant of any others in contemplation that

WILLIAM LIVINGSTON. SS.'J

afford a better prospect. A reinforcement, ex-
pected from Virginia, consisting of new levies
and re-enlisted men, is necessarily ordered to the
southward.

" Not far short of one-third of our whole force
must be detached on a service undertaken by
the direction of Congress, and essential to the
interests of these States. I shall only say of what
remains, that when it is compared with the force
of the enemy, now actually at New-York and
Rhode Island, and the succours they will in all
probability receive from England, at the lowest
computation, it will be found to justify very serious
apprehensions, and to demand the zealous atten-
tion of the different Legislatures.

"When we consider the rapid decline of our
currency, the general temper of the times, the
disaffection of a great part of the people, the
lethargy that benumbs the rest, the increasing
danger that threatens the southern States, we
cannot but dread the consequences of any mis-
fortune in this quarter ; and must feel the impolicy
of trusting our security to the precarious hope of
a want of enterprise and activity in the .enemy.

" An expectation of peace, and an opinion of
the enemy's inability to send more troops to this
country, 1 fear, have had too powerful an influence
upon our affairs. 1 have heard of nothing con-
clusive to authorize the former, and present
appearances are in my opinion against it. The
accounts we receive from Europe uniformly an-

33G THE LIFE OF

uouiicc vigorous preparations to continue the war
at least another campaign. The debates and
proceedings in Parhamcnt wear this complexion.
The public papers speak confidently of large rein-
forcements destined for America. The minister
in his speech asserts positively that reinforcements
will be sent over to Sir Henry Clinton, though he
acknowledges the future plan of the war will be
more contracted than the past. Let it be supposed
that the intended succours will not exceed five
thousand men, it is unnecessary they should be
more, if the strength of the enemy be well-directed
and our situation not materially altered for the
better.

"These considerations, and many more that
might be added, point to the necessity of taking
every step in our power to complete our battalions
without delay, and to make our military force
more respectable. I thought it my duty to give
an idea of our true situation, and to urge the
attention of the States to a matter in which their
security and happiness are so essentially inter-
ested. 1 hope my concern for the public safety will
be admitted as the motive and excuse for my
importunity.

« There is one point which I beg leave to men-
tion also ; the want of system, which has prevailed
in the clothiers' department, has been a source of
innumerable evils. Defective supplies, irregular
issues, great waste and loss to the public, general
discontent in the army, much confusion and per-

WILLIAM LIVINGSTON. 337

plexity, and an additional load of business to the
officers commanding, make but a part of them. I
have for a long time past most ardently desired to
see a reformation. Congress, by a resolve of the
23d of March, has established an ordinance for
regulating this department. According to this,
there is a sub or state clothier to be appointed by
each State. I know not what instructions may
have been given relative 4o these appointments ;
but if the matter now rests with the particular
States, 1 take the liberty to press their completion
without loss of time. The service suffers ama-
zingly for want of order and regularity in this
department, and the regulations for it cannot
possibly be too soon carried into execution.
^' I have the honour to be, &c,

"Go, Washington."

"to miss CATHARINE LIVINGSTON, IN PHILADELPHIA,

» Raritan, 9th August, 1779,
" Dear Caty,

#»!£. .jfr Jf. M. M,

•«• 'Ji' 1^ "jp tP

"The complaisance with which we treat the

British prisoners, considering how they treat us

when in captivity, of which you justly complain, is

what the Congress can never answer to their

constituents, however palliated with the specious

name of humanity. It is thus that we shall at

last be humanized out of our liberties. Their

country, their honour, the spirits of those myriads

who have fallen a sacrifice to the severity of their

u u

338 THE LIFE OF

treatment by tlio enemy, and their own solemn
oath, call upon that au<^ust assembly to retaliate
without farther procrastination.

" 1 know there are a number of flirts in Phila-
delphia, e(jually famed for their want of modesty
as want of patriotism, who will triumph in our
over-complaisance to the red-coat prisoners lately
arrived in that metropolis. I hope none of my
connexions will imitateithem, either in the dress
of their heads or the still more tory feelings of
their hearts. * * *

" I am, your affectionate father,

"WiL. Livingston."

The " odd knack of thinking alike" of which
Hamilton speaks in a preceding letter, with re-
ference to Washington and Governor Livingston, I
find verified on the subject of retaliatory measures
upon the British. The imprisonment of Asgill,
and the execution of Andre, afford indeed signal
instances of the opinions of the commander-in-
chief on this subject.

" TO MR. JOSHUA WALLACE. '

"Mount-Holly, 9th November, 1779.

"Dear Sir,

" If I could send you any news, I should do it

with pleasure; and to make it, you know, is the

prerogative of Mr. Rivington. * # *

" My enemies have been so much disappointed

at the last election for governor, that with all their

WILLIAM LIVINGSTON. 339

groundless slanders, and the dirty libel they pub-
lished against me, they could only muster 9 nega-
tives to 29 affirmatives — I would not mention this,
which is rather a personal concern of my own,
were it not that 1 have of late had so much rea-
son to consider myself as part of the family, that
1 am vain enough to flatter myself that both you
and Mrs. Wallace (to whom you will present my
respects), take some share in my concerns.

" Tell Master Joshua that 1 intend to kill a
squirrel for him, as 1 touch at your house on my
journey homewards, if the Assembly does not sit
so long as to excite the British to send some Sim-
coe* express to fetch me to New-York.

" As to Master John, who is rather too young to
comprehend a message, please to give him for me
a kiss.

" I am, &c.

" WiL. Livingston."

The following letter from Governor Livingston
to his daughter in Philadelphia, refers to the re-
cent departure of Mr. and Mrs. Jay, accompanied
by his son Brockholst Livingston, for Spain, where
the former gentleman had been sent in a diplo-
matic capacity, and the latter attended him as his
private secretary.

* Lieutenant-colonel Simcoe had been despatched a short time
before this from New- York to make an inroad into New-Jersey,
and was I believe taken prisoner.

340 THE i.iFK or

" TO MISS CATHARINE LIVINGSTON.

" Mouiit-HoUy, 16th November, 1779.
" De;ar Catharine,

« As we have not yet lieard of the safe arrival
of our friends on board of the Confederacy in the
port of New-York, I hope they have got such an
offing as to be out of the tract of the copper bot-
toms. 1 am obhgcd to Mr. Morris for his promise
of giving me the earliest intelligence of their arrival
in France. I hope his business with the four quar-
ters of the globe will not efface it from his mem-
ory. 1 have already suffered more anxiety on their
account than I should have imagined 1 could be
affected by on any account. The tenderness of a
parent's heart can never be known till it is tried.
The death of Mr. Hewes is a public loss. He was
an honest man. A greater scarcity in these times
than even hyson or double refined.

"The enemy are collected in great force on
Staten Island ; and if they don't burn my house, I
shall think them still greater rascals than ever; as
1 have really endeavoured to deserve that last and
most luminous testimony of their inveterate malice.
They ought never to forgive a man for being faith-
ful to his trust. But we are at present in such a situ-
ation, that they cannot- travel far into New-Jersey,
nor stay twenty-four hours in it, without exposing
themselves to a severe drubbing. * # #

" I am, <fcc.

" WiL. Livingston."

WILLIAM LIVINGSTON. 341

*' TO THE REV. DR. JOHN LIVINGSTON.

" Mount-Holly (you will never find it in )
any map), 24ih November, 1779. )
" Dear Sir,

******

" Baron Van der Capellen's letter to me con-
tains very important intelligence respecting the
disposition von het Vaderland towards the cause of
America, and the most proper measures to be
adopted for estabhshing our interest in that repub-
lic. Of this the Congress might very essentially
avail themselves if they would abandon their little
party attachments, and instead of spending their
time about trifles, apply themselves in serious ear-
nest to business.

" 1 am exceedingly happy to learn from Van
tier Capellen's letter, that one of mine to him con-
taining a true state of our situation, and calcu-
lated to remove all the prejudices which the Brit-
ish agents were instilling into the minds of the
Hollanders, and which he caused to be translated
into Dutch (and which he caused to be dispersed
through all the Seven Provinces), had a most as-
tonishing effect. It was indeed intended for the
purpose of creating a political ferment among the
mobility, and you may be sure I did not forget to
touch upon the glory of their ancestors in a simi-
lar cause, and their having so long been the
scourge of tyrants, and the assertors of liberty;
nor, according to the advice of the logicians, re-
serving the strongest argument for the last, did I

342 THE LIFE OP

forget to conclude with the argumeninmad Balavum^
trade.

• «#«*«

" 1 am, with great esteem, dear sir,

" WiL. Livingston."

The Legislature of New-Jersey was at this time
in session at Mount-Holly, in Burlington county,
where they had removed, as Governor Livingston
says, from considerations of economy, and the date
of the preceding and a subsequent letter seems to
refer to his vexation at his compulsory residence

there.*

"TO HENRY REMSEN.

" Mount-Holly, (you will never find it in )
any map), 29th November, 1779. )
" Sir,
" I am much obliged to you for your agreeable
favour of the 19th. The intelligence 1 have from
Baron Van der Capellen is, in general, very favour-
able. But much will depend on Congress pursu-
ing proper measures to engage the Dutch in our
interest. They have been shamefully neglected,
and in point of American intelligence, have been

* Before the revolution, Burlington was the residence of the
governor of the State, the place where the Assembly sat, and
the shire town of the county ; but after a long struggle for the
doubtful honors of the jail and court-house, the city of the
Caesars yielded her supremacy, and Mount-Holly is now the
metropoUs of Burlington county.

WILLIAM LIVINGSTON. 343

kept in the profoundest ignorance. Congress may
greatly avail themselves of some facts which I shall
suggest to them from my illustrious correspond-
ent, but then they must mind their business, and
not enter into parties about the Deanes, the Lees,
the Paines, and the devil knows what ! My re-
spects to all the New-Yorkers in Morristown, who
for their own sakes, and not mine, I really hope,
and have reason to believe, will be restored to their
native country by next spring.

" I am, &c.

" WiL. Livingston."

FROM GENERAL WASHINGTON.

" Morristown, 7th December, 1779.
"Dear Sir,

" You have both obhged and answered me by
your communication of the 27th. 1 have not seen
the piece to which you allude, but I should be
much surprised had you been suffered to escape
without paying a tax so ancient and customary.
When one is overrated in this way, it is very natu-
ral to complain or to feel disgust at the ingrati-
tude of the world ; though I believe with you that
to persevere in one's duty, and be silent, is the best
answer to calumny.

" We are all in your debt for what you have
done for us in Holland, I would flatter myself
from the reception of your correspondence, and
the superior advantages which our commerce
holds out to the Dutch, that we shall experience

34 I THE MFF, OF

in a little time the most favourable effects from
this quarter. I know not how to think of the in-
vention of Mr. Sayres. It appears a very extr.aor-
dinary one. 1 can only wish that the thing may
be practicable, and that we may have it in our
power to be the first to give it patronage, and to
profit by what it promises.

"Your favour of the 1st, I had the honour to
receive yesterday. We have taken up our quar-
ters at this place for the winter. The main army
lie within three or four miles of the town. If you
are called to this part of the country, I hope you
will do me the honour of a visit.

" I am, dear sir, with great respect, &c.
" Go. Washington."

" TO W. C. HOUSTON, IN CONGRESS.

"Mount-Holly, 13th December, 1779.
" Dear Sir,

######

" As far as I am individually concerned in the
publication of Mr. , to which you lately al-
luded, or as far as I can suppose he was induced
to insert the libel from any private animosity
against me, I do not think it worth my notice,
either as in the least injurious to my character, or
as published by him from motives of doing me
personal prejudice. But I have for some time past
suspected Mr. 's whiggism, as w^holly resolv-
able into self-interest, and I cannot think that a real
whig, and one so particularly acquainted as he is

WILLIAM LIVINGSTON. 345

with my unremitted application to serve the pubHc,
could have thought it his duty for a nameless au-
thor to insert such a piece. In short, the man I
can easily forgive — but the tonj never.
" I am, &c.

"WiL. Livingston."

It is proper to state in reference to the person
alluded to in the above letter, that Governor Liv-
ingston was afterwards reconciled to him.

Subsequent to the year 1779, the MSS. of Gov-
ernor Livingston are more complete, and although
less valuable and interesting than during the early
period of the war, I shall let them occasionally
speak for themselves.

In the spring of the year 1780, Governor Living-
ston, owing to the difficulty of giving to his chil-
dren any proper education, during a period of
general internal disorganization, and " from a view
to the public interest, which requires our navy
to be officered by the children of respectable
famihes,*" procured for his youngest son, John
Lawrence, a midshipman's commission, and en-
tered him in the service of that establishment,
destined at a later day to support the dignity and
increase the reputation of the American name.
The following is an extract from the directions
given him by his father at their parting.

* Letter to R. R. Livingston, 19th April, 1780.
M/U^^^Ze:?Z^A^^ 4^^*A*^ ^/^L^ '•^^'^

346 THE LIFE OF

" DIRFXTIONS TO :iON JOHN LAWRENCE.

" 19ih April, 1780.

9. [It was at first intended that the young man
should go out in a mcrcliant vessel, preparatory to
his entering into active service, and this section
refers to this plan.]

" When you are obliged to associate with the
common mariners, I would have you act towards
them with becoming familiarity and freedom,
without assuming any airs of superiority on
account of your connexions ; but * * * but
I would by no means have you enter into their
vulgarisms and low-lived practices, for which they
themselves will rather despise you; and above all,
that you most carefully avoid contracting that
abominable custom, so common among seamen,
of profaning the name of God by oaths and
imprecations.

11. "Whenever you lay in any port, inquire as
you have time and opportunity into the following
particulars respecting the country, viz. — 1, its
soil and produce — 2, manufactures and trade — 3,
government — 4, curiosities — .5, religion ; but par-
ticularly into the principal articles of their ex-
ports and imports, and their duties or customs
on merchandize, and also what articles among
them are prohibited or contraband. And enter
the substance of all your information on the above
Heads, in-a book' kept for that purpose. # * *

WILLIAM LIVINGSTON. 347

12. " I must press upon you to be saving of your
money, and not to spend it unnecessarily. If you
do not observe this direction, you will find by
woful experience that you have rejected the most
salutary advice. From the diminution of my
estate by the depreciation of the currency, you
and your brothers must expect to make your
fortunes by your own industry and frugality. * * *
But when 1 advise you to be saving of your money,
I do not intend that you should ever appear mean
and niggardly, nor grudge little expense upon
proper occasions, when you must either part with
your money or appear contemptible ; as when you
are necessarily engaged in company, and they go
rather farther in the expenses of the club than you
could wish : in such case and in others that will
occur, one must sometimes conform against his
inclinations, to save his character, and afterwards
make it up by retrenching some other expenses
and a greater economy.

"And now, my dear child, 1 wish you a safe
voyage, with prosperity in this world, and ever-
lasting happiness in the next; and to secure the
last, which is of infinitely the greatest consequence,
oh! let me entreat' you not to forget your Creator
in the days of your youth, but wherever you go, to
remember your duty to the great God, who alone
can prosper you in this Hfe, and make you happy
in that which is to come."

The young officer went out in the Saratoga, a
vessel so named in honour of the victory of Gates,

348 THE LIFE OF

and made one or two successful cruises. In the
course of tlie next year, however, the ship was lost
at sea, and no ti(lin<rs were ever received of the
fate of any individual on board. The death of his
son afllicted Governor Livingston, immersed in
business as he was, extremely. He long clung to
the belief that the vessel was captured, and with
this hope caused inquiries to be instituted in all
the principal ports of Europe. Among his latest
correspondence, in the year 1790, is a letter from
Mr. Jay in answer to one of his, on the subject of
a rumour that his son was a prisoner in Algiers.

The alarms of invasion by the British, and of
attempts by the refugees, or scouting parties of
the enemy, upon the person or life of Governor
Livingston, appear to have been incessant about
this time ; and the following orders given on this
subject deserve notice, as showing that however
violent might be the plans of the refugees, the
designs of the English authorities were dictated
by a spirit compatible with civilized warfare.*

" TO ENSIGN MOODY,

" First Battalion New-Jersey Volunteers.

" Head-quarters, New- York, )
May 10th, 1780. i

"Sir,

"You are hereby directed and authorized to

proceed, without loss of time, with a small detach-

* These orders are printed from a copy among Governor
Livingston's papers.

' ^ ..... . - -. ..;:^^>c»i'.

WILLIAM LIVINGSTON. 349

ment into the Jerseys, by the most convenient
route, in order to carry off the person of Governor
Livingston, or any other acting in pubHc stations
whom you may fall in with in the course of your
march, or any persons whom you may meet with,
and whom it may be necessary to secure for your
own security and that of the party under your
command.

" Should you succeed in taking Governor
Livingston, you are to treat him according to his
station, as far as lies in your power, nor are you
upon any account to offer any violence to his
person. You will use your endeavours to get
possession of his papers, which you will take
care of, and upon your return deliver at head-
quarters.

" By order of his Excellency, Lieutenant-general
Knyphausen,

"Geo. Beckwith,

" Aid-de-camp.

" 1 do certify the above to be a true copy from
the original.

" J. Lawrence, Jun.
" Capt. N. Y. State Levies."

On the 6th of June, the British made an incur-
sion by Elizabethtown into New-Jersey, in consider-
able force. Pushing the license of war to the ex-
treme, they burned the villages of Springfield and
Connecticut Farms, within a few miles of Living-
ston's seat, and marked the hne of their advance

.l.'iO

TMF LIFE OF

by plunder and destruction. The day sufficiently
conspicuous in its horrors, has been rendered even
more notorious by the col(l-l)looded murder of Mrs.
Caldwell. 'I'lie foeliiiirs of Governor Livingston,
who was at Trenton with the Assembly, on re-
ceiving this intelligence, may be best understood
from the following letter to his wife, who, with two
of her daughters, had but a short time previously
left the residence which she had occupied at
Percepany, in Morris county, and returned to
Elizabethtown, solely with a view to the security
of the property, which she conceived, and as it
proved rightly, her presence might have the effect
of ensuring.

"Trenton, 9th June, 1780.
"My Dear Susan,
" Though I never have had any express from
head-quarters concerning the irruption of the
enemy, yet by all accounts they have penetrated the
country as far as Springfield, and I am told have
burnt and destroyed all before them. My anxiety
for you and the children has been inexpressible,
and 1 have had a most miserable night of it upon
your account. Our house and every thing in it is
doubtless gone, the loss of which, great as it is, 1
should be able to bear with fortitude, but the
thought of your situation, and that of the poor girls,
cuts me to the heart. I should have sent before
to know how it is with you, but that my express
was unfortunately gone on a journey, and that 1

WILLIAM LIVINGSTON. 351

every moment expected an account from head-
quarters.

**#■###

" Pray, my dear Sukey, write me a full account
of what you have suffered, and I will sympathize
with you till 1 can revenge it upon the British
scoundrels.

" WiL. Livingston,"

His alarm was, however, unfounded — the flames
of the neighbouring villages were in sight, but the
British respected Liberty-hall, and treated the
family with great courtesy. The following extract
relating to this event, from Rivington's Gazette of
the 29th June, 1780, furnishes a good illustration
of the tone assumed by the loyalists towards the
whigs.

; " Mr. Printer,

" By inserting the underwritten paragraph, you
will oblige a customer and loyal subject, though
humane herself, thinking that lenity may go too far.
Your new female correspondent expects to see
your obedience to-morrow. 'Tis true in every
particular.

" We are informed, from undoubted authority,
that on the return of the British allies, detached
on the expedition to Springfield in the Jersies, last
Friday, the 23d instant, the Hon. Lieutenant-colo-
nel Cosmo Gordon, commanding the first battal-
ion of British guards, received, at the head of the

352 THE LIFE OF

brigade, a ball on tlie upper part of his thigh
from the fields of the back part of the house
of the rebel Governor Livingston; most proba-
ble his own servants, or tenants, kceped up the
fire which struck the very person who in the morn-
ing made a civil visit, with three or four of the
officers of the corps, and received a rose from
Miss Susan L., as a pledge of protection, and a
memorandum of a request of a safe-guard to save
the house from a fate the well-known sins of the
father made it justly merit ; though even at that
period inhabited by two ladies, so amiable in ap-
pearance as to make it scarcely possible to sup-
pose they are daughters of such an arch fiend as
the cruel and seditious proprietor of the mansion.
It is a well-known fact, that there was a guard to
protect the house, during the continued fire on the
column fi-om the fields all around, and that the ver-
min followed the royal troops from the vicinity of
the Congress governor's horse, keeping a continual
galling fire, till the rear passed the orchard in Eliza-
bethtown, and the advanced Jager videttes awed
them back to their grateful and humane master's
house and farm.

" New- York, June 29, 1780."

The following note, to Governor Livingston's
daughter, may also be inserted, as connected
with the same event. The writer was wife of the
minister at Connecticut Farms.

william livingston. 353

"Dear Miss,
" The families that are burnt out are principally
widows ; the rest are removed to such a distance,
that were there any probability of their accepting
your proposal, we should not know where to find
them ; but were they to be spoke with, such are
their apprehensions that they would not come for
any considerations whatever. I pity your situation
with my own — may a gracious God direct and de-
fend us, and oh I^that our trust may be in Him.
" From yours, respectfully,

"A. HoiT.
" Sunday, one o'clock." ,

An anecdote connected with this invasion has
been traditionally preserved, which appears au-
thentic in its leading features, although there is
some discrepancy in its details. After a day spent
in the utmost alarm, caused by the constant passage
of the enemy's troops, immediately in front of their
residence, and the sight of the flames of Spring-
field and Connecticut Farms, Mrs. Livingston and
her daughters were agreeably surprised by the
entrance, late in the evening, of several British
officers, who gave them to understand that a re-
treat had commenced, and that they would pass
the night in their house. Secure in having under
the same roof gentlemen and officers who would
protect them from any bands of lawless stragglers,
the ladies retired.

About midnight, however, they were alarmed by

Y Y

354 THE LIFE OF

a noise, wliicli proved to he occasioned by the de-
parture of the ollicers, hurried off by unexpected
news. Their disturbed rest was soon after com-
pletely broken up, and their alarm brought to a
height when a band of intoxicated soldiers rushed
into the hall, swearing they would " burn the rebel
house." The maid-servant (all the males of the
establishment having taken refuge in the woods
early in the day, to avoid being made prisoners),
fastened herself in the kitchen^ and the ladies
crowding together like frighted deer, locked them-
selves in another apartment. The ruffians soon
discovered the place of their retreat; and afraid
to exasperate them by refusing to come out, one
of Governor Livingston's daughters opened the
door. The drunken soldier seized her by the arm, —
with a spirit worthy of her parent, she grasped the
fellow's collar, and at this moment a flash of light-
ning illumining the hall, and falling full upon the
lady's white dress, he staggered back, exclaiming,
"God! it's Mrs. Caldwell that we killed to-
day."* One of the party, who were refugees, was
at length recognised, and the house was, by his in-

* There has been some controversy, as is well known, as to the
immediate agent of Mrs. Caldwell's death — whether he was
British or American. If the above anecdote be correct, the doubt
is solved. But in addition to the circumstances not well calcu-
lated to ensure accuracy, under which the soldier's exclamation
was both uttered and heard, another version of the story puts an
entirely different ejaculation into his mouth.

WILLIAM LIVINGSTON. 355

tervention, finally rid of the presence of his ruffian
companions.

The English did not leave the State for about
three weeks ; and on the 23d of June, a sharp ac-
tion was fought at Springfield. This was the last
military movement of any consequence in this
State. General Washington went into winter quar-
ters in the State of New-York, and from this
period the history of New-Jersey occupies a less
important space in the annals of the country.

The national currency was at this time at a low
ebb, and all creditors and public officers sensibly
felt the depreciation. Governor Livingston's salary
for this year was fixed at £8000 continental money,
which not amounting to more than £150 in silver,
the Legislature added £300 of what was called
lawful money, emitted by the State ; but this " law-
ful" being itself about 50 per cent, below par, his
salary and perquisites together did not exceed a
thousand dollars ; and at this time he had a large
family, was constantly travelHng, and every article
of consumption was exorbitantly high.

But, loser though he was by the national cur-
rency, and the laws passed for its support, as at the
same time that he was receiving a very insufficient
salary, his debtors availed themselves of the Ten-
der-laws to discharge their obligations in the de-
preciated money, he considered it a duty to uphold
at all times, so far as lay in his power, the national
schemes of finance. In a letter of the 7th Feb-
ruary, 1779, to Francis Hopkinson, he says, " 1

3r)6 THE LIFE OF

have not a singlo grain of jjjold or silver in the
world, nor would I by any means purchase it for
continental dollars at liu; diHcrcnce of one far-
thing to the exchange." He was frequently appealed
to, in order to prevent evasion or violation of the
laws on the part of creditors or venders, and I
find him refusing to recommend a person for the
office of postmaster for the reason that " I have
heard of his refusing to take continental money."
The following letter, addressed to him on this sub-
ject, though of somewhat later date, finds its place
most properly here.

"TO GOVERNOR LIVINGSTON.

"Bordentown, Feb. 7th, 1781.
" Sir,
" I have taken the earhest opportunity of
answering your Excellency's letter of yesterday,
which I have just received. I profess to be a
friend to my country, and am sorry to see so little
regard paid to its laws. Nevertheless would not
choose to be an informer or meddler in other
men's matters; but in compliance with your
Excellency's request, do say, 1 was at Mr. Stacey
Potts's with Mr. Bunting, on business, ye 31st of
last month: he (Mr. Bunting) asked him (Mr.
Potts) the price of his leather breeches; he
answered ten dollars. Mr. Bunting said it was
too high, and desired to hear his lowest price in
hard money ; he again told him ten dollars : Mr.
Bunting again demanded his lowest price in

WILLIAM LIVINGSTON. 357

jingleing stuff; Mr. Potts then told him if he gave
him a half Joe he would give him some change.

"He not having the article I wanted, I went
out and heard no more until Mr. Bunting told me,
as we returned home, that he agreed to take seven
dollars. Which affair I, as well as Mr. Bunting,
have mentioned to some of our neighbours, by
which means it has reached your Excellency's ear.
" 1 am. Sir,
" Your Excellency's very humble servant,

" Samuel Smith."

But while Governor Livingston thus enforced
these laws upon others, he uniformly opposed their
passage, and never availed himself of them in
regard to his own creditors. " No acts of Assem-
bly," he says, under date of the 19th January, 1789,
" have hitherto been able to reconcile me to cheat-
ing according to law, or convinced me that human
legislators can alter the immutable duties of
morality." And in some lines written in ridicule
of them, he says,

*» For useless a house-door, e'en if we should lock it,
When any insolvent legislative brother
Can legally enter into a man's pocket,
And preamble all his cash into another."

The following extract from a letter to his wife,
written from Trenton, and dated 17th October,
1780, while the annual election was yet undecided,
shows how independent his simple, but varied tastes

358 THF. LIFi: OF

rendered him of all the attractions which office
holds out.

" If I should not he rcchoscn in the government,
1 purpose to spend the winter at Karitan, to
refresh my memory with the law, and to practise
it as soon as I get business. But if 1 should be
chosen, I intend to take lodgings in this place, the
most safe and most convenient to the people for
doing business, who now complain that they do
not know where to find me. I also send you a
parcel of peach stones, least the late troubles of
the family should have prevented you from saving
any. They should immediately be put into a hole
in the garden, with some mark to find them again
in the spring."

He was shortly after re-elected by the vote of
twenty-eight of the thirty-six members who com-
posed the joint meeting. Colonel Brearley and
General Dickinson dividing the minority.

WILLIAM LIVINGSTON. 359

CHAPTER X.

1781, Jan., Mutiny of the Pennsylvania Line — Sacrifice of Land
in Vermont — Conduct of Governor Livingston, and Letters on
the subject of Passes— 1782, Letter from Sir Guy Carleton—
from Jefferson — 1783, Peace — Returns to Elizabethtown.

The year 1781 was inauspiciously opened by the
mutiny of the troops of the Pennsylvania Hne,
stationed in New-Jersey. Governor Livingston,
in a letter to General Schuyler, dated Bordentown,
18th January, thus speaks of it : " 1 was obhged to
decamp from Trenton to this place, on the
entrance of General Wayne's myrmidons into the
former, lest they might make a holyday with my
public documents. At present, the lads are as
easy as the Congress and Pennsylvania are just..
Throughout the whole contest, good has always
come out of evil. This reflection has supported
me in every difficulty. Even this alarming mutiny
has ended to our honour and the confusion of the
enemy."

At the first annual election of the American
Philosophical Society, in January of this year,
when Frankhn was elected president. Governor
Livingston was chosen, with Jefferson, Wither-
spoon, and Dr. Duffield, a councillor for two years.
The following letter to John Mathews, at this

360 THE LIFE OF

time a delegate in Congress from South Carolina,
expresses that unshaken confidence in the final
success of the great cause, which seems never for
a moment to have abandoned the writer.

"Trenton, 2d February, 1781.
" Sir,

#«»•♦♦

" Our affairs, I am sensible, do not at present
wear the most pleasing aspect ; but I have known
them as bad, yet, thanks to Heaven, I have never
desponded ; though I have often had my diffi-
culties, I am confident that we shall prevail. I am
confident that the Almighty is on our side, and I
am confident that the world was not made for CcBsar.
But I know at the same time that Providence will
abandon us as a parcel of ingrates, if we neglect
to do for ourselves what we can do. * * *

" Up and be doing, and then trust for the event
to Providence, and God will bless our endeavours.
But by the counter-operation of the tories and/awf
d^ar^ent, our political salvation will doubtless re-
semble that of our eternal one, which the Scrip-
ture informs us will be as bij fire. A complete army,
well found and well paid, with General Washington
at the head of it, and I doubt not the Supreme
Being will soon render us victorious.

" If the levies cannot be raised, or when raised,
cannot be clothed and paid on the plans at
present adopted by the respective Legislatures,
Congress ought to have, undoubtedly, authority to

WILLIAM LIVINGSTON. 361

enforce every measure necessary for the preserva-
tion of the whole union. What is become of our
promise to stand by Congress with our Uves and
fortunes ? is it all evaporated in speculation and
peculation, in toryism and neutrality? and are
those who have really abided by that solemn
compact, tamely to suffer the violation of it by
those villains who daily infringe it ? There ought,
sir, no tory to be suffered to exist in America.
And till the line be fairly drawn, and the goats
separated from the sheep, we must expect to row
against the stream. * # #

" 1 am, &c.

" WiL. Livingston."

During this year, Governor Livingston appears
to have been closely occupied with the details of
his office ; but he found time to write to his foreign
correspondents letters which, though of no partic-
ular interest now, were highly valuable at the time
for the accurate information that they gave of the
state of affairs in this country. His son says, writ-
ing from Madrid, 29th of April, 1781, " Your letters
have been sent to the prime minister, and by his
order inserted in the Spanish Gazette. They have
dispelled some unfavourable impressions, and have
been of real service in more ways than one."
" All my correspondence abroad," says Livingston
(2d of February, 1781), "is in co-operation with
the great design, the final establishment of our in-
dependence." In unison with this plan, he in Feb-

z z

362 THE LIFE OF

ruary of this year addressed a letter to M. Dumas
on the subject of American interests.

About this time, when he liad nearly reached
the age of sixty, Governor Livingston, with an ac-
tivity of mind which recalls the anecdote of the
stoical Roman, excited by the connexions his coun-
try had formed with France, set himself about ac-
quiring a grammatical knowledge of the French
language, and pursued it so far as to be able to
read it fluently, and write it with some ease, though
little accuracy.

The contest between New-York and Vermont
was brought to a crisis in this spring, and most, if
not all of the foreign grants by which lands were
held in the new State, were declared by its
Legislature void. Livingston, who had inherited,
or purchased under titles derived from the gov-
ernment of his native colony, a valuable tract of
land, comprising about 6000 acres, and form-
ing a considerable portion of what is now the
town of Royalton, was assured by one or two of
the leading men in the State, that in consideration
of his elevated character and conspicuous exer-
tions in the American cause, their Legislature
would be easily induced to assign him other lands
in compensation for those taken, or to grant him
some other equivalent.

Governor Livingston had looked with little fa-
vor upon the course pursued by Vermont. He
thought the spirit of the people devoted to their
own local interests, and opposed to the dig-

WILLIAM LIVINGSTON. 363

nity and advantage of the union. Unwilling to be
treated with any peculiar lenity, or in any way to
acknowledge their independent authority, he dis-
missed the messenger who brought him these
friendly offers, exclaiming with no little asperity,
" No, no ! I'll not countenance the robbers;" — and
thus, from the very exaggeration of integrity, he
sacrificed a property valued at above ten thousand
dollars.*

The laws passed by the State of New-Jersey
on the subject of intercourse with the British have
been already spoken of. The restraints necessa-
rily imposed upon the citizens, and the people of
the frontier especially, were becoming every day
more and more irksome. The temptations to
the ilhcit trade with the enemy were great, and
the applications for permission to go to or return
from New-York innumerable. Under these circum-
stances, Livingston was unremitting in his endea-
vours to induce or compel the subordinate officers
to do their duty, and in his own department there
appears no instance in which he departed from
the rigid construction of the laws, which he had

* Williams's Hist. Vermont, Chapter x., and letters from M.
Lyon and Thomas Chittenden, in Rivington's Gazette of 13th
March, 1781. It is unnecessary to say that I have no intention
of affirming the correctness of Governor Livingston's opinion of
the course pursued by Vermont in relation to the establishment
of her independence. It is not requisite to go into the merits of
that long protracted struggle in order to appreciate the motives
which prompted him in this affair.

364 THE LIFE OF

originally laid down for himself. It was all impor-
tant that the morals of the community should not
be undermined hy a trafhc lucrative, but highly
criminal, and that no heart-burnings or jealousies
should be created by any partial distributions of
favours. It required no small force of character
to resist the various temptations which friendship,
relationship, and the influence of office threw
across his path. A weak man would have yielded
to the urgency of the petitions, and no one that
had any portion of the bad traits of a demagogue
would have thought to gain the favour of the mul-
titude by dismissing such a crowd of individual
applications. The following letters illustrate his
conduct in this particular.

" TO HENRY GERRITSE.

"Trenton, 26th December, 1781.
" Sir,
" On considering your application to me re-
specting A and P , I think it so far

from being consistent with my duty to obtain
liberty for them to come into this State, that I
shall make it my business, whenever I find that
they presume to return home, to have them pre-
vented. We have too many such characters in
the State already to procure the importation of
more.

"WiL. Livingston."

WILLIAM LIVINGSTON. 365

" TO THE REV. MR. TIMOTHY JOHNES.

" Trenton, 15th April, 1782.
" Dear Sir,
" Your letter of the 5th instant was just now put
into my hands. I have no reason to doubt Mrs.
P.'s whiggism, her indisposition of body, or her in-
dination to see her mother. But of what particu-
lar tendency the air of Long-Island may have to
restore her to health, I do not think myself a com-
petent judge. 1 cannot, however, help remarking,
that the artifices of the sex are multiform beyond
expression, and it is full as common for those who
want a jaunt out of the enemy's lines into ours to
expatiate on the superior salubrity of the Jersey
air, as it is for those among us who have a passion
to see themselves in Long-Island, to turn encomi-
asts on the transcendent excellency of the air of
Nassau. In short, a woman makes nothing of
changing the nature of any of the elements to
gain her point. I do not mean to apply this re-
mark to Mrs. P , nor to any individual in par-
ticular. But I have so of^en been deceived by
pretensions of this kind, that 1 entertain a univer-
sal distrust of them, nor ever think myself safe
with less evidence than the best that the nature of
the thing admits of * * *
" I am, &c.

" WiL. Livingston."

366 THE LIFE OF

" Trenton, 2d September, 1783,
"Sir,
" After what I writ you about your grantintr a

passport to Mr. T , whom I sent buck to

New-York, there being pcrliaps not a greater
scoundrel among all the refugees, I am the more
surprised to hear that you have since given a pass

to one J C , who ought to have been

committed. For God's sake, sir, do not assist the
refugees and tories to deluge this State with their
detestable presence. It is the duty of the magis-
trates to commit and bind over every man coming
from New-York without the passport appointed by
law, and you have no authority to give passes to
any such characters. I therefore earnestly wish
that you would in future confine yourself in grant-
ing passes to the line of your duty, which by the
act relative to passports is so clearly pointed out
that it cannot be mistaken.

" WiL. Livingston."

In the same unyielding temper, he writes as fol-
lows to his wife, who had perhaps more influence
with him than any other person.

" TO MRS. LIVINGSTON.

" Trenton, 1st Feb., 1782.
" Dear Sukey,
" I have received your letter of the 28th last. I
wonder how you could think of beginning a letter
to me in such a style as to say that you approached

WILLIAM LIVINGSTON. 367

me with fear and trembling. I can assure you it
made me tremble, so as to be disabled for some
time from reading on, and till T found what was
really the subject matter of it, I shook like a leaf.
You have no reason, my dear friend, to approach
me with fear and trembling, in asking any favour
for any person, and if it is either out of my power
or improper to grant it, I can only do what in such
case 1 ought to do, refuse it.

" With respect to L B , he has

made his escape, so that I am delivered from the
mortification of denying your request, of ordering
him out of irons till his conviction, which I could
not have done, because the officer who had him
in charge, had a right to keep him in such manner
as he thought him most safe. * * #
" I am, &c.

"WiL. Livingston."

But immovable as we find him, when any private
advantage or pleasure was petitioned, the claims
of humanity always found a ready ear, and prompt
acquiescence.

A close examination of contemporary docu-
ments is requisite, to show how much the people
of New-Jersey suffered from their exposed situa-
tion. Without going into particulars, which would
more properly belong to (what is still to be exe-
cuted), a minute and accurate history of the war
in that State, a few particulars may be here
grouped together, in proof of what has been said.

368 THE LIFK OF

On the 15th of October, 1781, a party of refugees
landed at Shrewsbury, and in a skirmish between
them and the inhabitants, Doctor Nathaniel Scud-
der, a very estimable man, who had represented
the State in Congress, was killed. On the 10th of
January, 1782, a party of regulars crossed over to
Elizabethtown, to the number of three hundred :
on the l.'Uh and 27ili of March, two other in-
cursions were made by the refugees. These
inroads, resembling more nearly the border feuds
and forays of Scotland than any other warfare,
were always marked by devastation and plun-
der; and when the marauders were resisted, by
bloodshed.*

In June, 1781, an act was passed by the Legis-
lature with the intention of preventing, or at least
checking, the traffic carried on between the
Americans and the British across the hostile lines.
Considerable excitement was created on the sub-
ject, and associations were entered into throughout
the State, to further the same desirable end.

In October, Livingston was again elected gover-
nor, by a unanimous vote ;t but although, as we
have said, he was at this time exclusively occupied
with the details of his office, there are few inci-
dents to be recorded, and the following letter
brings us to the close of this year.

• Vid. N. J. Gazette, passim.

t Min. Joint Meeting, N. J. State Library,

WILLIAM LIVINGSTON, 369

" TO ROBERT LIVINGSTON.

"Trenton, 17th Dec, 1781.
" Dear Brother,

" I hear that your very numerous family is going
to be increased by the addition of one of mine.

I fear S will be troublesome to a house so

overrun with company as yours. But my poor
girls are so terrified at the frequent incursions of
the refugees into Elizabethtown, that it is a kind
of cruelty to insist on their keeping at home,
especially as their mother chooses rather to submit
to her present solitary life than to expose them to
such disagreeable apprehensions. But she herself
will keep her ground to save the place from being
ruined, and I must quit it to save my body from
the provost in New-York; so that we are all
scattered about the country. But by the blessing
of God, and the instrumentality of General
Washington and Robert Morris, I hope we shall
drive the devils to Old England before next June.
The naval operations of the United Provinces
(by a letter 1 lately received from a noble corres-
pondent), appear still greatly retarded by the
faction of the Prince of Orange. If the patriotic
party cannot give his serene highness a Dutch
for an English heart, 1 hope that, rather than suffer
themselves to be outwitted by him, he may be
Dewitted by them.

" Cornwalhs's party in New-York is open-
mouthed against Clinton, and throws all the blame
of his lordship's capture on Sir Harry. The latter

AAA

370 THE LIFi: OF

justifies himself by the impracticabihty of affording
succours after the arrival of the French flieet.
Whether either of theni is to be blamed for this
disaster 1 know not, but I know somebody on
whom they may safely throw it, and who is very
willing to bear it, General Washington.

" I should be very sorry to have Clinton recalled
through any national resentment against him,
because as fertile as that country is in the produc-
tion of blockheads, I think they cannot easily send
us a greater blunderbuss, unless peradventure it
should please his majesty himself to do us the
honour of a visit.

" I am, &;c.

" WiL. Livingston."

In January, 1782, Governor Livingston was
elected a member of the American Academy of
Arts and Sciences, at Cambridge, not even the
pressure of the war being able to divert the at-
tention of that part of the country from those
humanizing pursuits in which it has been so suc-
cessful. Dr. Stiles, of Yale College, in a letter of
courtesy, dated 14th March, 1782, says with a
slight approach to that inflation which is percep-
tible in most of the literary productions of that
worthy man, ''While the present revolution has
made shipwreck of many characters which set out
well in hfe, it gives us pleasure to rejoice in the
firmness of your Excellency's character, and the
singular glory with which it will transmit itself to
all American ages."

WILLIAM LIVINGSTON. 371

Livingston's son, Brockholst, quitted the Spanish
embassy, to which he had been attached as Mr.
Jay's private secretary, in the early part of this
year, and sailed for America. On his voyage he
was captured by a British vessel and carried into
New-York, where he was imprisoned by the orders
of Sir Henry Clinton, or General Robertson. Sir
Guy Carleton, afterwards Lord Dorchester, suc-
ceeded to the chief command in May, 1782, and
immediately liberating Colonel Livingston, sent
by him to his father a letter,* which was the
commencement of a courteous correspondence
of some length. The temper which dictated this
letter, and for which Carleton was at all times
conspicuous, is now beginning only at too late a
day to diffuse itself rapidly among the inhabitants
of the two countries. "With Great Britain, alike
distinguished in peace and war, we may look
forward to years of peaceful, honourable, and
elevated competition. Every thing in the condi-
tion and history of the two nations is calculated to
inspire sentiments of mutual respect, and to carry
conviction to the minds of both that it is their
policy to preserve the most cordial relations."t
It is to be hoped for the future, that these senti-
ments, promulgated by our highest constitutional
authority, may regulate not less our private than
our public intercourse.

* This letter, whieh it was not practicable to insert in its
proper place, will be found in the appendix.

t President Jackson's Message, 8th Dec, 1829.

372 THE LIFE OF

The rumors of attempts to seize Governor Liv-
ingston's person, I liiid several times occurring
during this year, and they seem to have consider-
ahlv harassed his nervous and excitable temper.
In reply to a letter iiom Col. David Humphrey,
sent at Washington's request to inform him of
such a scheme conducted by some refugees, he
writes thus.

" Trenton, 28th October, 1783.
" Sir,
" I have this day been favoured with your letter
of the 26th instant, inclosing that of Mr. Cogswell
of the 21th. I am under the greatest obhgations,
both to you and to that gentleman, for the intelli-
gence those letters communicated. Many of these
kinds of reports are undoubtedly without founda-
tion; others 1 have afterwards been convinced
were founded in fact. Providence hath hitherto
been pleased to preserve me from the machina-
tions, as it has a gentleman of infinitely more im-
portance to the common cause. It is, however,
prudent to be watchful, and caution is better than
remedy. But after all, the fellows are as great
blockheads as they are rascals, for taking so much
pains and running any risk to assassinate an old
jfellow whose place might instantly be supplied by
a successor of greater ability and greater energy.

" I am, &c.

"WiL. Livingston."

WILLIAM LIVINGSTON. 373

The vote by which Livingston was re-elected
governor in the fall of this year, is not recorded in
the minutes of the joint meeting.

In the early part of the next year, while Mr. Jef-
ferson was in Philadelphia, from which place
he then expected to be immediately sent to Eu-
rope in a diplomatic capacity, and on the eve of
his intended departure* he wrote the following let-
ter to Governor Livingston.

" Philadelphia, January, 1783.
" Dear Sir,
" It gives me real concern that I have been here
several days, and so closely engaged that I have
not been able to pay you the respect of a letter,
and to assure you that I hold among my most es-
timable acquaintances, that which I had the plea-
sure of contracting with you at this place. I am
the more concerned, as expecting to leave this
place on Tuesday next, 1 might have been grati-
fied by the carrying letters from you to Mr. and
Mrs. Jay. Perhaps it may not yet be too late. * *
I beg you to accept my sincere wishes for your
happiness, and believe me very really,
" Dear sir, your most obedient,

« And most humble friend and servant,

" Th. Jefferson."

During this winter, the rumors of approaching
peace daily increased, and the strong desire felt

* Jefferson's Mem. vol. i. p. 42.

374 THE LIFE OF

for it by the wliole people, exceptinfr a portion of
the commercial population, with whom it is a sin-
gular fact that a contrary wish existed,* was alter-
nately gratified and disajipointed by the contradic-
tory reports which almost every vessel brought
from Europe. It was at one time reported through
New-Jersey that Mr. Jay had returned from Eu-
rope, and it was in reply to a letter of Dr. John
Rodgers, expressing a desire to know if this intel-
ligence were true, and what was the actual state
of the negotiations, that the following was written.

" Trenton, 27th January, 1783.

" Your letter, sir, pleases me much more for
being written in the familiar style of friend and
friend, than it would have done had it been replete
with Excellencies from beginning to end, with the
applicable superaddition of all the titles that ever
were used or invented within the whole circuit of
the German empire. As to the prospect of a peace

* "Perhaps," says Robert Morris in a (MS.) letter to Matthew
Ridley, dated Philadelphia, 6ih October, 1782, "you may be
surprised when 1 tell you, that in this city, the prospect of peace
has given more general discontent than any thing that has hap-
pened in a long lime ; particularly among the mercantile part of
the community." Gouverneur Morris in a (MS.) letter to the
same person, of the 16ih August, 1782, expresses the same
feeling. " I am well convinced of two things, one that a peace
will not easily be made, and another that it is not much for
the interest of America that it should be made at present."

WILLIAM LIVINGSTON. 375

taking place this winter, * * * my hopes, 1 say,
of so desirable an event, are, I confess, not very san-
guine. At New-York, it is true, they are full of
peace. So full, indeed, that from that very circum-
stance, I am the more^ suspicious about it. Timeo
Danaos et dona ferentes. We ought never to suffer
these kinds of reports to lull us into security, which
is frequently the artful design of the tories in pro-
pagating thera. In worldly politics, as well as re-
ligion, we should watch as well as pray. * * *
In my opinion America should act as if she
thought that there would be no peace in three or
four years. * * * ^

" I am, &c.

" WiL. Livingston."

The exposed situation of New-Jersey subjected
her unprotected frontier at all times to the incur-
sions of the enemy, and even at this period, al-
most to the last moment that hostilities were al-
lowed, while other parts of the continent were en-
joying the blessings of peace, her citizens were
harassed, and their property plundered with that
unmitigated severity which uniformly character-
izes a border and partisan warfare. The follow-
ing letter, one of the writers of which had been a
delegate in Congress, and the other speaker of the
Assembly, will convey some idea of the closing
scenes of the contest.

376 THE LIFE OF

" TO GOVERNOR LIVINGSTON.

» Cumberland, February 10th, 1787.
" Please your Excellency,
" The late repeated incursions upon the frontier
inhabitants of tliis county, from armed boats cruis-
ing in the Delaware, render it necessary, in our
humble opinion, to have a small guard of the
militia stationed in divers places, near shore, for
the purpose of reconnoitering the enemy, and giving
certain intelligence to the body of militia in the
adjacent parts of the county, by which means we
hope to prevent a repetition of such insults and
robbery as we have been forced to submit to by
the merciless crews belonging to the said boats,
who have conducted like the emissaries of a Brit-
ish tyrant, lost to every principle of humanity
which inspires a true soldier. They have, under
cover of the night, rushed violently into defence-
less houses, and robbed whole families of their
cash, provisions, and even their common and most
necessary clothing, without respect to the delicacy
or tenderness of sex or age. One of the afore-
said boats' crews, consisting of nine men, the most
of them Britons by birth, principle, and practice,
sailed from New-York last month for an eight
weeks' cruise in the Delaware, which terminated

in three weeks, and lodged the whole of

robbers secure in the jail of this county — taken
by the militia after plundering one house in the
manner before mentioned. * # *

" Ephraim Harris,
" Theo. Elmer."

WILLIAM LIVINGSTON. 377

The news of the signature of the prehminaries
by the commissioners at length arrived. On the
11th of April, a cessation of hostilities was pro-
claimed, and on the 1 5th the first treaty was rati-
fied. Governor Livingston's fortune had become
so embarrassed, as we have said, during the war,
that he at one time feared lest he should be com-
pelled to sell his place at Elizabethtown, and the
following letter, written on this subject to his wife,
shows how entirely free his character was from
every taint of selfishness.

" TO MRS. LIVINGSTON.

« 1783

" Dear Sukey,

« As to your opinion about disposing of our
place at Ehzabethtown, 1 cannot think that I am
under any necessity of doing it, because, though I
have greatly suffered by the war, I have a good
estate left, if 1 can but get the time to put it in
order. However, any thing that may appear most
advantageous to my children I would readily
consent to, especially for the sake of my two
unmarried daughters, whom I am determined not
to leave to the mercy of an unfeeling world. But
as to hiring a place, I should not like, because in
that case, if I should die before you, you would be
at the mercy of a landlord, without a house of
your own to put your head in.

* » * * •

B B B

378 THE LIFE OF

"I hope will iH»r begin tlie world with-
out a s/ii//ifi<f in his pockety though he miglit have
gone into New-York witliout money. 1 liad not
then any money to give him, and I cannot cut
money from my flesh.

" I am,
" Your affectionate husband,

" WiL. Livingston."

This sacrifice was, however, on more mature
deliberation, deemed unnecessary ; and in April,
after receiving a committee of the inhabitants of
Trenton, who waited upon him to express their
regret at his departure, he left that place, where
he had resided for three years, and returned to
Elizabethtown. His joy at being thus finally
allowed to relinquish his w^andering life, and in
being permanently joined to his wife and children,
overflows in his letters written about this time.
He once more entered his deserted hbrary, took
upon himself the superintendence of his long
neglected garden, and was rarely afterwards with-
drawn, except by the claims of his office, from
these favorite pursuits.

Writing to M. de Marbois, under date of the
24th of September, he says, " Thanks to heaven
that the times again permit me to pursue my
favourite amusement of raising vegetables ; which,
with the additional pleasure resulting from my
library, I really prefer to all the bustle and splen-

WILLIAM LIVINGSTON. 379

dour of the world." The love of gardening
amounted with Livingston, as he says, in the
letter from which the above is extracted, to a
passion. From his correspondents in different
parts of the country, he was constantly collecting
the choicest seeds. He took a delight and pride
in the products of his labour and skill, and his
name may be added to the list of those who, like
Walpole and Pope, have relieved themselves from
the fatigue of more important and notorious trans-
actions, by this, the earliest and least ambitious of
all modes of occupation.

The intercourse across the lines with New-
York became now less shackled, and though
passes were still required, permission of ingress
and egress was easily obtained. Governor Living-
ston, however, numerous as were the ties of
affection and friendship drawing him to that city,
refused to go while the British remained. " My
republican pride," he says, in a letter of the 30th
of June, " will not permit me to go to N. Y. to see
my friends at the expense of being beholden to
the English for such a permission."

About this time the mutiny of the Jersey troops
took place; and upon this alarming occasion,
which called forth the devotion of all the hearty
lovers of the union, Livingston wrote the following
letter to Elias Boudinot, then President of Con-
gress.

380 THE LIFE OF

" Trenton, 24ih June, 1783.

"Sir

"1 just this moment received your Excellency's
letter of yesterday, on my journey to Elizaheth-
town. I am greatly mortilicd at the insult oflercd
to Congress by a part of the soldiery. If that
august body shall think proper to honour this
State with their j)rescnce, 1 make not the least
doubt that the citizens of New-Jersey will cheer-
fully turn out to repel any violence that may be
attempted against them : and, as soon as I shall
be informed of the movement of Congress to this
State, and that there is the least reason to appre-
hend that the mutineers intend to prosecute their
violent measures,! shall, with the greatest alacrity,
give the necessary orders, and think myself not a
little honoured by being personally engaged in
defending the representatives of the United States
against every insult and indignity.
" I am, &c.

" WiL. Livingston."

Resolutions were also forwarded to Congress at
this time, by the inhabitants of Trenton and
Princeton, expressive of their devotion to the
federal cause, and their readiness to support its
dignity. The college at the latter place offered
the use of its buildings to the national Legislature,
which was accepted on the 30th of the month.

It may be mentioned as a proof of the reputa-
tion Livingston had acquired abroad, that during

WILLIAM LIVINGSTON. 3Bl

the summer of this year, he received from the
patriotic party of Enkhuysen, in Holland, a letter,
accompanied by the nationally characteristic pre-
sent of six cags of herring, sent as a tribute of
their respect for his exertions in the cause of
freedom. This chapter cannot be more appropri-
ately closed than by the following extract from a
letter to the Baron Van der Capellen, dated 18th
Nov., 1783, although, perhaps, the scientific econ-
omist may rightly object to the sentiment it
conveys.

" x\fter all, sir, 1 think myself too patriotic to
encourage the importation of foreign luxuries,
especially during our present national poverty and
our heavy debt, both foreign and domestic ; nor
can I bear to see any of our cash transmitted to
Europe and Asia, in quest of dehcacies to tickle
the palate, while 1 am accosted by a soldier with
a wooden leg and a lost arm, who has a just
demand of pay upon Congress, for his essential
services in delivering his country from the late
meditated tyranny."

382 THE LIFE OF

CHAPTER XI.

Definitive Treaty of Peace — Governor Livingston nominated
Commissioner to erect the Federal Buildings — Chosen Minis-
ter to Holland — Declines — Letters on the subject of Slavery
— Livingston elected Delegate to the Federal Convention —
Matthew Ridley — Disputes between the American Ministers
in France in 1782.

• The news of the execution of the definitive
treaty of Paris at length arrived. On the 25th of
November, 1783, the British troops evacuated
New-York, carrying with them a numerous suite
of tories and refugees, and our soil was finally un-
burthened by the foot of foreign or domestic foe.
By the conclusion of peace and the departure of
the English, the peculiar features of Livingston's
government were essentially altered — but though
relieved from the more painful and harassing por-
tions of his duty, the office was still highly labo-
rious and responsible.

The public mind of the States, hitherto occu-
pied with the difficulties and dangers of their ex-
ternal circumstances, now applied itself actively,
but often precipitately and unwisely, to the exigen-
cies of their internal condition. Questions began
now to be mooted that had never been agitated
before ; problems in government to be discussed

WILLIAM LIVINGSTON. 383

that even at this day are not fully solved. The
Legislative tables were crowded with novel pro-
jects, and the schemes of men little habituated to
the unlimited exercise of the law-making power.
The courts of law, too long closed or impeded in
their operations, were now thronged with suitors.

In this posture of affairs Livingston, invested
with the powers of governor, chancellor, and or-
dinary, could not expect much leisure in his office.
Indeed, he says, in 1788, when the difficulties of
his station would be supposed to have decreased,
that scarcely a day passed without his being called
upon to act either as governor or chancellor.
This necessarily operated as a confinement, when
he was not positively occupied, and detained him
almost entirely at home. On the 6th of Novem-
ber, he was re-elected governor by 33 out of 34
votes,* and the following extracts from a letter to
Hooper, of North Carolma, show the views with
which he at this time took upon himself the ad-
ministration of the State.

" Trenton, lOth November, 1783.
" My dear Friend,
"Will you believe it.-^ I never received your
letter of the 15th of May till a few days since.
What maUcious fiend or fairy, sylph or sylphite,
or rather what infernal tory detained it, and there-
by deprived me, during that interval, of the pleasure
of hearing from you, 1 know not. * * *

• Vid. Min. of Joint Meeting.

384 THE LIFE OF

*'I have had the j)lcasurc of spending the last
summer w itli my family at Ehzal)ethtown, which is
the first time in seven years that I have had any
place wiiich I could properly call my home. My
return, after so long an absence, gave me an addi-
tional rehsh for that rural life and noiseless retire-
ment for which I have long had an ardent passion.
To gratify this rational taste, especially in an old
man, I had some serious thoughts of declining all
public business in future ; and to wrap myself in a
sort of otium cum dignitate : but from the unanimity
of the people, which (let politicians say what they
please) is flattering to the most unambitious man,
to continue me in office ; from my own conceit,
whether true or false, that several matters would
necessarily occur in the first year after the peace
which would have such an ultimate connection
with many transactions during the war, that an
old hand might probably be more serviceable than
a new one ; and from my still equal strength of con-
stitution to what I had when you first knew me, I
have again consented to take hold of our little
political helm. It is much in your power, my dear
sir, if you will not be at the trouble of enabling
me, by your advice, to carry the ship by the straight-
est course to the destined haven, to soothe at least
the pilot on his tedious voyage by the agremcnts of
your correspondence, upon which 1 do you the
justice to be assured that I set an inexpressible
value.

" I am, &c.

" WiL. Livingston."

WILLIAM LIVINGSTON. 385

But while the separate States were far from
being completely relieved from their embarrass-
ments by the declaration of peace, the difficulties
of the Federal government seemed but increased
by it. It is a striking proof of the radical defects
of the confederation, that considerable alarm was
felt lest a representation could not be obtained in
Congress within the period hmited for the ratifi-
cation of the definitive treaty. In January, 1784,
Mifflin, then president of Congress, sent his private
secretary. Colonel Harmar, to Governor Livingston,
the more urgently to impress upon him the difficult
situation of the Federal assembly. The following
letter from the latter to John Beatty, one of the
New-Jersey representatives, then in attendance at
Annapolis (the seat of Congress), will show his
anxiety and exertions on this subject. They
proved successful, and the deficiency, so far as re-
garded New-Jersey, was soon after corrected.

" Elizabethtown, 9th Feb., 1784.
" Dear Sir,
"It was not before" yesterday that I received
your letter of the 22d of January, enclosing the
resolves of Congress of the 15th. What demon
of sluggishness has taken possession of the dele-
gates, your colleagues, I know not ; but to con-
vince you that 1 have discharged my duty in my
endeavours to exorcise the evil spirit, I have not
only wrote to Doctors Dick and Elmer in the
most importunate manner, and in the name of the

() c c

386 tiil: mfi: of

State, before the rising of the Assembly, but have
aL^1i^ written to thcni on tlie 16th of last month,
informing thcni of the president's letter to me, and
of the absolute necessity there was that one of
them should attend, to constitute a representation
for this State, as Mr. Stevens was unexpectedly
prevented from going. 1 can no more. It has
always appeared to me an inscrutable mystery,
how men of honour can reconcile it to themselves,
voluntarily to accept of a public trust, and be in-
different whether they execute it or not, or at least
to suffer themselves to be impeded in the dis-
charge of it by such of their own private affairs
as they must needs have known, before they
accepted the office, would occur. * * *
" I am, &c.

"WiL. Livingston."

For Beatty, Governor Livingston appears to
have entertained a high regard. In a letter of the
r)th of February, 1785, he says, " Make my compli-
ments to Col. Beatty, as honest a member, I
believe, as there ever was in the first Congress."

In the course of this year I again find Living-
ston contributing to Collins's newspaper. These
short pieces, thrown off in his rare moments of
leisure, which he complains he had no time to
revise, and which, as specimens of composition,
might be found far from faultless, had a most
salutary effect in preserving, in a healthy state,
the tone of public opinion, and in gradually pre-

WILLIAM LIVINGSTON. 387

paring the way for those changes which the spirit
of reciprocal concession not long afterwards ef-
fected. On every question where the good of the
whole demanded sacrifices from the separate
parts, Governor Livingston is always to be found
advocating those measures requisite to support
the interest and dignity of the Federal Union.
The punctual attendance of the delegates in
Congress, the contributing of the State quotas to
defray the national debt, the raising troops to
garrison the western posts ; all these he earnestly
urged and advocated in his conversation, in his
letters, and in his printed essays. Danger at that
time was apprehended to the country from causes
precisely the reverse of those out of which it has
arisen on more recent occasions. The confede-
ration was then at the mercy of each State : of
later days it has been feared by wise and good
men, that in cases of conflicting interest, the
rights of the constituent portions might receive
too little regard from the power of the whole
union.

In March of this year, Livingston was invited to
become a member of the Whig Society of New-
York. In October, he was re-elected governor by
38 votes out of 43 : General Dayton being the
rival candidate.*

In January, 1785, Governor Livingston was
nominated in Congress, by Mr. Gerry, as one of

* Vid. Min. of Joint Meeting.

."588 THE LIFF, OF

llic commissioners to superintend the construction
of the Federal biiildiuirs, which it was then in
contemplation to erect. As lie might be con-
sidered a party interested in the question, it being
a part of the commissioners' duty to determine
whether the buildings should be situated in Penn-
sylvania or New-Jersey, this was a flattering
compliment to his integrity ; but the ofllce was not
to his taste, and he declined it in the following
characteristic letter to Charles Stewart, at this
time a delegate in Congress from New-Jersey.

" ElizabethtowTi, 5th February, 1785.
" Sir,
*' I this moment received your kind letter of the
31st of January, informing me that I was in the
nomination, among a number of other gentlemen,
as a commissioner for the erection of the Federal
buddings ; that I had been nominated by Mr. Gerry
##***♦

" I shall never refuse to serve my country in any
department for which I think myself qualified ; nor
shall I ever esteem any office dishonourable that
Congress can be presumed inclined to vest me
with. At the same time I shall always (and that
always at my time of hfe can be of no long dura-
tion), make it a point of conscience not to accept
of any appointment which I cannot execute with
honour to myself, and justice to the common-
wealth. The one proposed 1 know that I cannot.
In all the bargains that ever I made, I suppose,

WILLIAM LIVINGSTON. 389

upon a moderate computation, that I have been
imposed upon ninety-nine times in a hundred.
Mankind not having mehorated in point of in-
tegrity during the war, what should I not have
to apprehend in deahng upon so large a scale as
that of contracting for the erection of the Federal
buildings. Draw your own inference, sir, and
never more think of me relative to the present
question.

" 1 am, &c.

" WiL. Livingston."

On the 23d of June, upon the nomination of Mr.
Stewart, who made it, as he says, because "I
thought you chalked out by God Almighty as the
most proper person to be our minister at the
Hague, and without any design to compliment or
flatter you," Livingston was elected by Congress
to succeed Mr. Adams as minister plenipotentiary
at the court of Holland, in opposition to Benjamin
Harrison and Edward Rutledge, whose names
were also given in. I do not know, however, that
there was any rivalry on the part of the candidates.
Rutledge subsequently declined the oflice.

The election was highly gratifying to Livingston,
and as he says himself, in a letter on the subject, a
diplomatic situation at the Hague would have
been more agreeable to him, both on account of
his familiarity with the language, and the acquaint-
ances he had already formed there, than at any

390 THE LIFE OF

Other court of F.iiropc. Tempted by the offer, he
for a sliort time wavered. J3ut ambition, never
with liini a riiliiiir j)assi()n, was counteracted by the
leehnu^ of a(l\ aiicin<r a^'c, and by the lear of being
thouglit indilRrent to the affectionate confidence
so many years reposed in him by the State of New-
Jersey. Influenced by these motives, he declined
the appointment.

During the spring of this year, Mrs. Livingston,
who had been an invaUd for some time, and who con-
tinued such till her death, went to Lebanon, in the
State of New-York, hoping to derive some benefit
from its waters, which were even then crowded by
the beUevers in their virtue ; and here, although it
is of a later date, may be most properly intro-
duced a letter to her from her husband, in answer to
one in which she had reproached him for not oftener
writing. It shows with what tender solicitude he
watched over her health, and how little the first
warmth of his affection was abated by years of
absence and absorbing occupation.

"Trenton, 4th March, 1786.
" My dear, dear Susan,
" Considering that for near a fortnight after I
arrived here, I was so indisposed, as scarcely to be
able to hold a pen in my hand, and that notwith-
standing my indisposition, I wrote you two letters
before I received yours of the 27th February, which
came to my hands this day, and that during all that
time I was every day anxious in inquiring after your

WILLIAM LIVINGSTON. 391

health from everybody that came from our part of
the country, you have greatly distressed me by as-
cribing my silence to my want of affection for you.

******

" P.S. If I was to live to the age of Methusalem,
I beheve I should not forget a certain flower that
I once saw in a certain garden ; and however that
flower may have since faded, towards the evening
of that day, I shall always remember how it
bloomed in the morning ; nor shall I ever love it
the less for that decay which the most beautiful
and fragrant flowers are subject to in the course
of nature. I repeat it in this postscript, that I love
you most affectionately, and when I return I will
by my attentions and assiduities give you the
greatest demonstrations possible of the sincerity
of this my declaration. After this, I hope you
will not so far forget your friend and lover, as not
to acquaint him as often as you conveniently can
of the state of your health, which I still hope and
pray may be perfectly restored."

In the summer of 1785, Joel Barlow,* then re-
siding at Hartford, entertaining the intention of
pubhshing a volume of American poetry, applied
to Mr. Livingston for assistance. The latter fur-
nished him with some of his earher pieces, but 1
am uncertain whether the editor's design was ever

* By a letter from Elias Boudinot to Governor Livingston,
dated 25th November, 1782, it appears that Mr. Barlow had then
his Vision of Columbus in MS.

392 THE LIFE OF

put in execution. About tlie same time Living-
ston was chosen an lionorary member of the Phil-
adelpiiia Society lor tlie l^omotion oi Agriculture,
an appointment more grateful to his taste tlian his
recent diplomatic honours ; and in October, he was
again elected governor by 38 out of 40 votes.*

Livingston's contributions to Coliins's paper, writ-
ten during this, but which wore not printed till the
commencement of the next year, and published
under the title of "The Primitive Whig," are
among the last of his newspaper essays which it is
now believed possible to identify ; and in taking
leave of this portion of my subject, the following
is inserted as a specimen of these compositions.

" I HAVE SEEN, AND I HAVE NOT SEEN.

" I have seen several of our Assemblies attempt-
ing public economy, by lowering the salaries of the
officers of government, and other littlenesses of
the like nature, and costing the public more in
their own wages, by the time they spent in making
the reduction (which ought not to have been made)
than it finally amounted to. But I have not seen
one of them calling to a serious account the
sheriffs who have defrauded us of hundreds by
* * * or the commissionaries for forfeited es-
tates, who have plundered us of thousands by
trading with the money, or converting it into real
estate, and afterwards paying us at a great depre-

• Vid. Minutes of Joint Meeting.

WILLIAM LIVINGSTON. 393

elation. Why are not these people immediately
compelled to pay this money according to the
value at which they received it. This would really
be an object worthy a legislature. This would
go a great way to fill the fiscal coffers, and to ease
the poor citizen in his taxes.

" I have seen tories members of Congress,
judges upon tribunals, tories representatives in our
Legislative councils, tories members of our As-
semblies : — I have not seen them bribed with Brit-
ish money, nor was such actual vision necessary
for my conviction that they were so. I have seen
our soldiers marching barefoot through snow and
over ice : — I have not seen them duly recompensed
for it ; nor America so grateful for such the inexpres-
sible hardships they suffered, as I thought she would
have been. 1 have seen Congress recommending
to the several States such salutary measures as
would have been of infinite benefit to the union
to have adopted : — I have not seen the States adopt
these measures. I have seen commerce declining,
and worse than declining, prosecuted to our undo-
ing; luxury increasing, idleness prevailing, self-
interest predominating, and patriotism languishing.
But when shall I see the true spirit of republicans
emerging from its late ignoble torpor, and blazing
out with the same splendour, the same world-aston-
ishing corruscations with which it so gloriously
illustrated the first morning of its appearance.

" 1 have seen justices of the peace, who were a

D D D

39t THE LIFE OF

burlesque upon all umfiii^tracy. Justices illiterate,*
justices partial, justices groggy, justices courting
j)Opularity to be chosen Assembly-men, and jus-
tices encouraging litigiousness. P)Ut 1 have not
seen any joint-meeting sufficiently cautious against
a})pointing such justices of the peace.

"• 1 have seen tour times as many taverns in the
State as are necessary. These superabundant
taVerns are continually haunted by idlers. These
taverns are confessedly so many nuisances — all
well-regulated governments abolish them, and yet
1 have not seen any of our courts that license them
willing to retrench the supernumerary ones.

"■ 1 have seen the Regency of Algiers making
a cruel and unprovoked war upon the United
States. 1 have not seen the secret hand of Great
Britain exciting those infidels to such war, to ren-
der her own bottoms the more necessary to carry
on our commerce, and for other purposes, by the
said act intended.

"• 1 have seen paper money emitted by a Legis-
lature that solemnly promised to redeem it, that
afterwards depreciated it themselves — and I there-
fore believe that I shall never see the honest re-
demption of it. 1 have seen Assemblies enacting

* Among Governor Livingston's loose Mem. for the year
1780, I find the following, endorsed, " A. Sample of .Justice A.'s
English." " "VVc must have spirituable laws against the tories,
and level largely on their properties — if they take off a whig,
■we must retoleratc upon them, for the j)Oor whigs are obliged to
leave their habitations and live in distressed places."

WILLIAM LIVINGSTON. 395

Jaws amending the practice in the courts of jus-
tice, but I have not yet seen that practice really
amended by them. I have seen, since our revo-
lution, tories promoted to offices of trust and profit
to the exclusion of whigs ; but 1 have never seen
the man who dared to avow either the propriety or
the justice of such promotion. 1 have seen hun-
dreds paying their debts with continental money
at the depreciated rate of above sixty for one;
but how many have I seen that had too much
integrity to avail themselves of the subterfuge for
dishonesty which the law unintentionally aiforded
them ; and instead of infringing the golden rule,
though protected by the chicanery of human edicts
to sin against it, nobly disdained to violate the dic-
tates of their consciences, and against hght, and
knowledge, and gospel, to defraud their neighbour
of his due ! How many ? Not enough to consti-
tute a legal jury.

" I have seen Congress necessitated to borrow
money from France and Holland ; but I have not
seen the States take proper measures to discharge
their proportion of these engagements. I have
not seen any of our * * * American officers,
who were during the war posted on our lines for
the express purpose of preventing the illegal com-
merce with the enemy, themselves carrying on this
infamous traffic. I will not tell all that I have seen.
The veracity of a historian is often called in ques-
tion when he speaks of disorders in government
that appear incredible. He often relates facts that,

396 THE Llir. OF

because cxtraordiiiarv, tlioii<^li true, are received as
exag^reration and rouiaiice. 1 li()[)0 lor tlie future
to see virtue and patriotism unmixed and unadul-
terated with private interest. 1 liope to see our
indej^ondence <^aincd at tlie expense of much blood
and treasure, for ever and ever establislied in right-
eousness."

Tliese urgent but homely appeals to the patriot-
ism, the virtue, and tlie intelligence of the people
have now ceased to possess value, and perhaps in-
terest ; but I should do little justice to the subject
of this memoir, did 1 not notice the truth, the fear-
lessness, and the love of country which breathe
throughout them all.

In the early part of the year 17B(3, I find Gov-
ernor Livingston, with his customary zeal in the
cause of knowledge and improvement, urging upon
the Assembly the petition of Michaux, who had
been sent out as a botanist by the French govern-
ment, praying permission to buy thirty acres of
land in New-Jersey, to be used as a garden for
promoting that branch of science, both here and
abroad. An act passed 3d March, 1786, author-
izing the purchase of two hundred acres.* We

• "Andreas Michaux qui ex Persia redux ubi per sexennium

plantas perquisierat hue usque incognitas, missus in Americam a
Rege Ludovico XVI. et arlium fautore Dangevilla^o post repetitas
per annos duodecim ex CaroUna ad littus Hudsonianum itinera-
tiones non sine vitac periculo, &c. &;c." What resulted from the
purchase of this garden, or wliether it was effected, I know not.

WILLIAM LIVINGSTON. 397

have seen too many circumstances of a similar
kind to be surprised at this instance of the enUght-
ened ardour and superiority to all local and na-
tional prejudices on the part of the French in their
pursuit of science. They allow no barrier of cli-
mate, or language, or hostile feehng to impede their
progress — nor are they ashamed to add to their
rich stores, the contributions of those who may be
in many respects poorer than themselves.

The Legislature was called together in the
spring, by Mr. Van Cleve, the speaker, to meet at
New-Brunswick. It was expected that the ques-
tion of a new emission of bills would be brought
before them, the inundation of the country by
paper money being even at that late day regarded
by many as a political panacea. The opinion of
Governor Livingston on this subject is thus ex-
pressed in the following letter, the tone of which,
when we remember how great a sufferer he had
been by the depreciated currency, may be consid-
ered as singularly just and moderate.

" TO BENJAMIN VAN CLEVE.

" Elizabethtown, 5th May, 1786.
" Dear Sir,

* * * * * *

" For my part I shall attend your notifica-
tion (for the meeting of the Legislature) with

Michaux published an Histoire des Chenes de L'Amerique in 1801,
and his Flora Boreah-Americana was edited in 1803, by his son.
The above extract is from the Preface to the latter work.

398 THE LIKE OF

pleasure, and I hope we sliall all be impartially in-
clined to do whatever appears to us must advan-
tageous to the public interest: for abstracted from
tliat, or in opposition to it. I would see all such
popularity as must be acipiired at the horrid ex-
pense of sacrificiuij^ one's conscience, and the na-
tional honour, and the public faith, and our fed-
eral obligations, and the ultimate and real mterest
of this State to — the devil.

" But if we should {)rove to be so publicly virtuous
as first to comply with the requisitions of Con-
gress, as far as with our utmost exertions we are
able, and then emit such a sum of paper currency
as would not prove inconsistent with that compli-
ance, and upon such a fund for its redemption as
aflbrded a reasonable prospect of its maintaining
its credit, and not enable every knave to defraud
his neighbour; I think the petitioners for paper
money ought to be gratified, and that such a mea-
sure would really relieve many honest people in
distress, who ought undoubtedly to be relieved, as
far as can be effected without injury to the com-
monwealth.

" I am, &c.

" WiL. Livingston."

The great question of the abolition of slavery
and the slave trade, began now to be seriously dis-
cussed,* and it is not a little to the credit both of

* The first act passed in this country directed against the sys-
tem of slavery was passed by Pennsylvania in February, 1780,
but a considerable interval elapsed before the next step was taken.

WILLIAM LIVINGSTON. 399

the justice and sagacity of the northern States,
that at so early a period, and while surrounded by
so many difficulties, external and internal, they
should have had the courage to attack a system,
then closely interwoven with our whole domestic
policy ; which a legislation of forty years has but
just succeeded in eradicating from our own State,
and which yet presses with all its accumulated per-
plexity and danger upon our southern brethren.
This subject had, as we have already seen, attracted
Livingston's attention eight years before, and the
following letter thus expresses his unabated sym-
pathy in the good cause.

" Elizabethtown, 26th June, 1786.

" Sir,
" The institution of the society in New-York for
promoting the emancipation of slaves, &c. never
came to my knowledge till this day, when I was hon-
oured with the present of a pamphlet, containing
a dialogue concerning the slavery of the Africans,
and the rules of the said society. By a rule of
the quarterly meeting of the said society on the
10th of November, 1785,1 find that any person
desiring to be admitted a member shall apply to
the standing committee, &c. If by any person it is
intended to comprehend gentlemen of other states,
as well as the citizens of New- York (as from the
liberality of sentiment of a society that originates
so glorious a design as that of promoting the
emancipation of any part of the human race, 1

400 THE LIFE OF

would londlv liojx' it is), I would most ardently wish
to bccuuic a uicndxM- of it ; and provided I can
succeed in tins my wisii. according to the rules ot
the society respecting their mode of election, 1
can safely promise them that neither my tongue,
nor my pen, nor purse shall he wanting to promote
the abolition of what to me ai)pears so inconsist-
ent with Immanity and Christianity, and so inevita-
bly perpetuating of an indelible blot, with all the
nations of Europe, upon the character of those
who have so strongly asserted the unalienable
rights of mankind, and whose conflict in the de-
fence of those rights it has pleased Providence to
crown with such signal (and to all human appear-
ance unexpected) triumphant success. May the
great and the equal Father of the human race,
who has expressly declared his abhorrence of op-
pression, and that he is no respecter of persons,
succeed a design so laudably calculated to undo the
heavy burdens^ to let the oppressed go free^ and to break
every yoke.

" 1 am, &c.

" WiL. Livingston."

Nor was his co-operation in the cause confined to
mere expressions of sympathy. In the next year,
"in consideration," as the bill of manumission runs,
" of my regard for the natural liberties of mankind,
and in order to set the example, as far a? my volun-
tary manumission of slaves may have any influ-
ence on others," he emancipated the only two

WILLIAM LIVINGSTON. 401

slaves he had, and took the resolution never to
own another. He also lent his influence to enlist
the Legislature of his State in the matter, and was
so far successful, that on the 2d March, 1786, they
commenced their operations on the subject by an
act to prevent the importation of slaves, &c. The
following letter to Mr. James Pemberton, of Phila-
delphia, a member of that religious society whose
efforts in this cause have placed posterity under a
load of obligation to their enlightened wisdom and
untiring zeal, refers to an application made in
1788, to the Assembly of New-Jersey, in this behalf,
by Messrs Emlyn and Offlee.

« Elizabethto\vn, 21st December, 1788
" Esteemed Friend,

#.u, ^i. ^u. •u. ^e.

Tt" VV* TV" TV* •«•

" You have doubtless learnt from them how far
they succeeded in their application to our Legisla-
ture— I am sorry that their wishes were not more
extensively answered. * * * With respect to
slave-holding, our Legislature, shortly after the re-
volution, committed a most fatal error, to prevent
which I exerted my utmost endeavours, but with-
out success. They confiscated these unhappy
people as the forfeited property of certain delin-
quents, and deposited the proceeds arising from
the sales in the public treasury. This was giving
a greater sanction to legitimate the abominable
practice than any thing that could be adduced for
its support under the old government, in which

E E E

402 THE LIFE OF

that unaccountable doctrine rather depended upon
custom than })Ositive hiw.

" Believe me to be your sincere and respectful
friend,

"WiL. Livingston."

At no period of our history have the prospects
of the union worn so unpromising an appearance
as in the year 1786. The bond of a common danger
no longer existed ; the confederation had failed to
command respect or afiection. A sufficient repre-
sentation in Congress could scarcely be secured
— the debts of the States, as well as of the Federal
government, were yet to be paid — the credit of the
country was every day dechning, and what was
more alarming than all, a spirit of despondency
and distrust of the future destinies of the country,
as appears by what we have of the correspond-
ence of the day, had seized upon some of its
most prominent statesmen. Governor Livingston
largely partook of this alarm, so well justified by
appearances as to have infected Washington and
Jay.* In a letter of the 22d December, to Mr.
Houston, who had previously been a delegate from
New-Jersey, he says, " I hope I am neither enthu-
siastic nor superstitious, but 1 have strange forebod-
ings of calamitous times, and that those times are
not very remote." Again, in a letter of the 17th
February, 17 87, to the Hon. Elijah Clarke, he writes,

* Pitkin, vol. ii. p. 216, and seq.

WILLIAM LIVINGSTON. 403

" I am really more distressed by the posture of
our public affairs, than I ever was by the most
gloomy appearances during the late war. We do
not exhibit the virtue that is necessary to support
a'republican government ; and without the utmost
exertions of the more patriotic part of the com-
munity, and the blessing of God upon their ex-
ertions, I fear that we shall not be able, for ten
years from the date of this letter, to support that
independence which has cost us so much blood
and treasure to acquire.

" I pray for the disappointment of my fore-
bodings, but God will not smile upon pubhc
iniquity, nor upon that astonishing ingratitude
wherewith we requite his marvellous interposition
to deliver us from the bondage to which our
enemies meditated to reduce us. * * * *

"Our situation, sir, is truly deplorable, and
without a speedy alteration of measures, I doubt
whether you and I shall survive the existence of
that liberty for which we have so strenuously
contended."

These gloomy anticipations were fortunately not
reahzed. These " utmost exertions" were about
being put forth. The spirit of compromise had
already commenced its beneficial career — that
spirit of compromise, that just and liberal sense of
mutual interest for which we have shown ourselves
conspicuous in all hazardous times — which is the
surest cement of our compact ; which is never

404 THF. LIIR OF

even partially forsaken witliont enfronderinfr dis-
content and animosity, and tlie final abandonment
of which will be the siirnal, perhaps the only cer-
tain siirnal, for the dismemberment of the union.

Virginia, always prominent in every measure
connected with the welfare of the republic, had
already (IGth October, 17Kb) appointed commis-
sioners for the purpose of revising the articles of
confederation, and New-Jersey was the first (23d
November) to imitate her example.* The follow-
ing letter to Livingston, from Governor Randolph,
enclosing a copy of the Virginia act above men-
tioned, may be read with interest, as showing the
deep anxiety that penetrated the minds of all think-
ing men at this period.

" Richmond, December 1st, 1786.
« Sir,
" 1 feel a peculiar satisfaction in forwarding to
your Excellency the enclosed act of our Legisla-
ture. As it breathes a spirit truly federal, and con-
tains an effort to support our general government,
which is now reduced to the most awful crisis,
permit me to solicit your Excellency's co-operation
at this trying moment.

* On the 23(1 November, as stated in the text, the Council and
Assembly of New-Jersey elected David Brearley, W. C. Houston,
Wm. Paterson, and Jolin Neilson, delegates to the Convention.
On the 18th of the following May, they joined to the above, omit-
ting Neilson, Governor Livingston and Abraham Clark, and on
the 5th June, Jonathan Dayton was added to the representation.

WILLIAM LIVINGSTON. 405

" I have the honour to be your Excellency's most
obedient humble servant,

(Signed) "Edm. Randolph.'*

In another letter, dated December 6th, 1786,
Governor Randolph says, " My anxiety for the well-
being of the Federal government will not suffer
me to risk so important a consideration upon
the safety of a single letter. Your Excellency will
therefore excuse me for again intruding on you
with the enclosed act of our Legislature, and re-
peating the request urged in my letter of the 1st
instant, that you would give a zealous attention to
the present American crisis.-"

Governor Livingston had long lamented the in-
efficiency of the government under the confedera-
tion, to regulate (that " word of fear") matters of
national concern, and there can be but little doubt
that to his influence is in a considerable degree to
be ascribed the alacrity and unanimity with which
New-Jersey took every step to facilitate the forma-
tion and adoption of the proposed constitution.
The different States, one by one, acceded to the
measure of calling a convention, and the events
which belong to the time, between the period
where we have now arrived, and the assembling of
that body, will be compressed into as brief a space
as the subject permits.

In October, 1786, Livingston was continued in
the governor's chair by 38 votes out of 46 ; Abra-
ham Clarke being the candidate of the minority.*

* Vid. Min. of Joint Meeting.

406 THE LIFE OF

In January, 1787, Governor Livingston was ap-
plied to l»y Jiis frieiuj.tlio Ixev.Chauncey Wliittelsey,
whose name has more tlian once occurred in the
preceding pages, to assist Mr. Jcdediah Morse in
obtaining for his geography, which he was about
to pubhsh, the recpiisite facts respecting the State
of New-Jersey. Livingston undertook with alac-
rity the task allotted to him, and after considera-
ble exertion, was so successful as to obtain com-
paratively accurate information respecting his own
State. He also bestowed time and attention upon
the style of the work, the MS. of which was sub-
mitted to him, and there are among his papers
several sheets filled with verbal and grammatical
corrections of it. The work, which deserves no-
tice as the first attempt of any magnitude to ex-
hibit a correct view of the extent and resources
of the union, was finally published at Elizabethtown
in 1789, and dedicated to Governor Livingston.

The following extract of a letter from the sub-
ject of this memoir to one of his grandchildren,
may be here inserted. It shows how easily his
thoughts reverted to private life, when relieved
from the weight of pubhc occupation, and in how
full and warm a tide his best affections still flowed,
unchilled by the strife of party or the selfishness of
power.

"Elizabethtown, 18th January, 1787.
"My dear ,

" I have received your letter of the .3d of this
month, and very glad was I to receive it, because I
began to suspect that my dear grandson had,

WILLIAM LIVINGSTON. 407

among all the pleasures and amusements (and I
hope the studies) of New-York, totally forgotten
the old gentleman at Liberty Hall. But I am most
disagreeably disappointed in those my surmises by
that same epistle of yours.

" I hope that by this time, you are recovered
from that disagreeable disorder called the rash^
with which you say you was troubled, and that you
will never be rash yourself. Certain it is, that the
ailment in your heels must keep you from the
dancing-school, as I presume the true discipline of
that seminary of hops and capers depends as much
upon the use of the heels as it does upon that of
the toes. Turn out your toes, sir ! — that's what the
dancing-master says much oftener than he does
his prayers. I am obliged to you for mentioning
to me Mr. Hunt's directions for catching fish in
their beds of spawn. But at the same time I hope
you do not beheve that grandpapa wants any in-
structions from a West Chester man how to catch
fresh water fish. Why, he understands it better than
he does the affairs of government. Nor do I think
that fish ought to be caught at all in their beds of
spawn. There is a very humane prohibition in the
law of Moses against taking the dam of birds
while guarding her eggs or young ones; and I
think that the like tender-heartedness ought to be
extended to the mother of the spawn of fishes ; for
as soon as ever she is caught, her spawn are de-
voured by those fish of prey which she is so indus-
triously employed in chasing from the spot in which

108 THE LIFE OF

sho has deposited it, and wliich slic defends with
perliaps as mucli maternal ailection as tliat with
whicli a liunian niotlier watches over the safety of
her clnUhen. And now, my dear little fellow, with
what can I hetter conclude than hy saying, fear God,
honour your parents (lor, thank Heaven, we have
no king to honour), love the United States, mind
your books, be yourself a man of honour, and
ever scorn to be guilty of a mean action ; and upon
these conditions I am, as long as I live, your most
alFectionate grandfather,

" WiL. Livingston."

To the amusement of fishing, as might be col-
lected from this letter, he was exceedingly attached;
and during the war, while he could not cultivate
his garden, it furnished almost his only relaxa-
tion.

About this time, also. Governor Livingston ex-
erted himself actively, and devoted considerable
time in a spirit of rigid honesty and enlarged hb-
erality, to obtain for Mr. Kempe (previously attor-
ney-general of the province of New-York, who
had espoused the royal side of the revolutionary
contest, and was at this time in London), such
documentary proof of the value of the forfeited
lands which he had before owned in New-Jersey,
as might enable him to obtain a compensation
from the British commissioners appointed to hqui-
date these claims. The following extract from one
of the numerous letters written by him on this

WILLIAM LIVINGSTON. 409

subject, will show the motives which influenced
him to take this troublesome task in behalf of an
individual with whom he could have so few points
of common feeling.

" Elizabethtovvn, 3d March, 1787.
" Sir,
" 1 cannot think of charging you for the great
seal, as you have had so much trouble about pro-
curing these documents ; and my fear is, that after
all, they may arrive too tardy to prove of any ser-
vice to you. As to my trouble, I pray you not to
think of it. There was a period not many years
since, when I could not have spared the time ; but
since your Enghsh lads have left us — (I mean those
of them who came after the fashion of vi et armis,
and in the way of forcible entry, though they made
but a wretched hand of the detainer, for as to
many others in the civil line, and who then lived
among us, and have since been obliged to leave us,
I really regret their departure from America,) —
since that time, I say, I have been able to return
to my library and rural solitude, which I enjoy with
infinitely greater satisfaction than any posts or
titles which it is in the power of men to confer
upon me : and if I find greater pleasure in any
worldly occupation, than I do in books and gar-
dening, it is in serving my friends ; and 1 hope, to a
considerable degree, even my enemies too. If any
thing further occurs to you, sir, respecting your in-
terest among us, in which 1 can possibly be of the

FF F

110 THE LIFE or

least service to you, pray communicate it with the
ireedom of friend to IViend, and besides tlie plea-
sure of serving you, I shall liavc tlie additional one
of simrulariti/ (of which some people are very fond),
that is, as the world goes, of being sincere in one's
])rofessions, and fulfilling one's promises. God
bless you and all your family, which will be of
greater advantage to you and them than the com-
pliments of any man. My principal secretary of
state, who is one of my daughters, is gone to New-
York to shake her heels at the balls and assem-
blies of a metropolis, which might as well be more
studious of paying its taxes, than of instituting ex-
pensive diversions. I mention this absence of my
secretary to atone for the slovenly hand-writing of
this letter, and of my enclosed certificate, because
she is as celebrated for writing a good hand as her
father is notorious for scribbling a bad one.
" I am, &c.

" WiL. Livingston."*

But at the same time that he was performing
this friendly office for Mr. Kempe, he says, writing
to his son, who had requested of him, for a third
person, a letter of introduction to a Canadian

* Livingston's hand-writing, as he confesses in this letter, was
intolerably bad. His early letter-books are, it is true, written in a
very clerkly hand ; but afterwards he degenerated so much in
this respect that General Washington has been heard to say, that
when he received a letter from Governor Livingston, he called
around him all his staff to assist him in deciphering it.

WILLIAM LIVINGSTON. 411

gentleman, after absolutely refusing to comply with
the request, " such a measure might eventually give
rise to a report, that I was concerned in a clandes-
tine trade with the British of Canada, and 1 would
rather form commercial connections with that mis-
erable part of the human species at the Cape of
Good Hope, called Hottentots." So violent was
the hostility engendered by the war, and so scru-
pulously tender was he of his reputation.

On the 14th of April, in this year, Catharine, the
second daughter of Governor Livingston, was mar-
ried at her father's house, to Matthew Ridley, of
Baltimore, a gentleman of whom I may here be
permitted to say a few words, both as partially
connected with my subject, and with the history of
the country, and also as being one of the very few
inhabitants of the mother country, who at an early
period of our revolutionary contest, while the fate
of the colonies was still wholly undecided, entered
fearlessly, and with ardor into their cause.

Matthew Ridley belonged to the old Enghsh
border family of that name, originally from Tyne-
dale, Northumberland, which is well known as
claiming among its descendants the celebrated
Bishop of London. His biographer, Gloucester
Ridley, and the author of the Tales of the Genii,
may also be mentioned as among its members.

Mr. Ridley came to America, for the first time,
in the year 1770, and shortly afterwards estab-
lished himself at Baltimore as a merchant. His
private affairs compelled him to return to London

412 TiiK i.iri: ok

in tlic Slimmer of 177.'>, but lie carried with him a
stron;^^ interest in the cjiuse of the colonies, and
watclied their fortunes witii an ardent sympathy.
He was a member of the committee orf^anized at
London for tlie rchef of American prisoners. In
Sc'ptcml)er, 177H, he went over to France, and cs-
tabhshed himself at Nantes in the American com-
mission business.

In April, 1779, Mr. Ridley sailed for America
and returned to Baltimore, the place of his former
residence. In November, 1781, having been ap-
pointed by the State of Maryland its agent, to make
a loan in Europe, he took ship for France, and suc-
ceeding, as before, in evading the British cruisers,
landed safely at Brest. In July, 1782, he nego-
tiated a loan of six hundred thousand guilders for his
State, with the Messrs. Van Staphorst, of Amster-
dam. In 1783, he was associated by Mr. Thomas
Barclay with himself, in the commission to settle
the accounts of the pubUc officers abroad. In
this capacity, however, he never acted. In March,
1784, he left France for England, and in the
summer of 1786, returned to Baltimore. He died
at that place on the 13th of November, 1789, at
the age of 40. During the period that Mr. Ridley
was abroad, he was much at Paris, and constantly
associated with our ministers there, while at the
same time he was in correspondence with Messrs.
Robert and Gouverncur Morris, Chase, McHenry,
and others. The following letter from Adams to
him is connected with the events of that time.

WILLIAM LIVINGSTON. 413

" The Hague, October 8th, 1782.
« SiRy

" 1 received your favour of the 29th ult. with its
enclosures, night before last. Great news indeed
— enclosed is an answer. This day at noon 1 am
to meet the lords, the deputies of their H. M., to
sign the treaty. It has been delayed some time,
in order to have the silver boxes for the seals made
with suitable elegance and dignity, for the taste
of these magnificent republicans. Too much of
the dignity of this country, you know, consists in
silver, and gold, and diamonds. As there will be
five or six of these boxes, I hope Congress will
coin them up to carry on the war.
" With great regard,

" Your humble servant,

"J. Adams."

The following extracts from Mr. Ridley's journal
may not be without interest, as bearing upon the
unfortunate dissensions of our foreign ministers at
that time.

« 1782. Tuesday, Oct. 29th. Called to see Mr.
Adams, — dined with him. He is much pleased
with Mr. Jay. Went in the morning to see Dr.
Franklin. Did not know of Mr. Adams' arrival.
Spoke to Mr. A. about making his visit to Dr. F.
He told me it was time enough ; represented to
him the necessity of a meeting : he replied that
there was no necessity ; that, after the usage he

414 THF. LIFi: OF

had received from Iiim. ho could not bear to go
near him. I told him whatever the iiiUcrences
were, he would do wronfT to discover any to the
world, and that it mitdit have a bad effect on our
affairs at this time; he said the Dr. might come to
him ; 1 told him it was not his place ; the last
comer always paid the first visit; he replied the
Dr. was to come to him, he was first in the com-
mission. 1 asked him how the Dr. was to know he
was there unless he went to him. He replied that
was true, he did not think of that, and would go.
Afterwards, when pulling on his coat, he said he
would not, he could not bear to go where the Dr.
was ; with much persuasion I got him at length to
go. He said he would do it, since I would have
it so ; but I was always making mischief, and so 1
should find."

The following extract from the same journal,
presents the more agreeable spectacle of good-
humour and harmony. It relates to the discussions
between our ministers and the English commis-
sioners, on the subject of the fisheries, immediately
before signing the prehminary articles of peace.

" 1782. Friday, November 29th. Dined at Mr.
Adams' — in good spirits; asked if he (Mr. A.)
would take fish at dinner ? ' No,' laughingly, ' he
had a pretty good meal of them to-day.' I told
him 1 was glad to hear it, as I knew a small quan-
tity would not satisfy him.

WILLIAM LIVINGSTON. 415

" In the evening I learned that every thing was
going right, and that in all probability the whole
would be finished to-morrow, off or on. I am well
satisfied it will be on. All goes well, and we have
all that can be wished. Mr. A. is well satisfied

with Dr. F 's conduct, and says he has

behaved well and nobly, particularly this day."

In a long unofficial conversation, held between
the Mareschal de Castries, Mr. Ridley, and Mr.
Thomas Barclay, on the subject of commercial
arrangements between France and America, there
occurs the following language, which, made use of
at such a time, enables us to form a very tolerable
idea of the calibre of the French statesman.
" He (the Mareschal) rephed, as to the contraband
trade, it would be their business to prevent it;
that he should make arrangements in the marine
for that purpose, and added the remarkable ex-
pression, "Nos colonies sont nos esclaves et il
faut tacher d'en tirer le meilleur parti." Of this
stamp were the ministers of Louis XVI., whose
services finally brought their king to a scaffold,
and drove the French nation into all the vice and
horror of the revolution.

ilij THE LIFE OF

CHAPTER XII.

1787 — Livingston attends the Federal Convention — His Share in
the proceedings of that Body — Ratification of the Constitution
— Letter from Robert R. Livingston — Notices of him — Let-
ter from Hamilton — Livingston receives Degree of LL.D. —
Letter from Benjamin Harrison — Death of Mrs. Livingston —
Livingston elected Governor for the last time — Dies, July
1790 — His character.

We have already seen the anxiety felt by Gov-
ernor Livingston for the welfare of the union at
this time, and it is easy to conjecture the alacrity
with which he accepted the appointment, adding
him to the delegates already nominated by New-
Jersey to represent that State in the Federal Con-
vention— the body destined to be equally our glory
and our safeguard.

Owing to the sitting of the Legislature, which
required his presence, Livingston did not take his
seat in the Convention till the 5th June, a week
after they had entered upon the discussion of the
objects of meeting; and from that time, with the
exception of a necessary visit to " Liberty Hall,"
which was shortened by a pressing letter from his
colleague Mr. Dayton, he was in constant attend-
ance upon its deliberations.*

* From the 5th June to the 2d July, Mr. Livingston, as ap-
pears from a minute made by him, was in constant attendance

WILLIAM LIVINGSTON. 417

The share which he took in them, however,
it is now difficult to ascertain. " Mr. Livingston
did not take his seat in the Convention," says Mr.
Madison,* " till some progress had been made in
the task committed to it, and he did not take any
active part in the debates ; but he was placed on
important committees, where it may be presumed
he had an agency, and a due influence. He was
personally unknown to many, perhaps most of the
members,! but there was a predisposition in all to
manifest the respect due to the celebrity of his
name. The votes of New-Jersey corresponded
generally with the plan offered by Mr. Paterson ;
but- the main object of that being to secure
to the smaller States an equality with the larger
in the structure of the government, in opposition
to the outline previously introduced, which had a
reversed object, it is difficult to say what was the
degree of power to which there might be an ab-
stract leaning. The two subjects, the structure of
the government, and the quantum of power for it,

with the exception of a single day. Then, on the appointment
of the first grand committee, thinking perhaps that the report
would not be made as soon as it was, he went home ; on the
19th of July he returned, and was again a regular attendant until
the close of its sessions.

* MS. Letter of the 12th February, 1831.

t There were but eight in the Convention who had been in
Congress at the time of the declaration of independence, Gerry,
Sherman, Morris, Wilson, Franklin, Clymer, Wythe, and Read.

GG G

418 THK LIFF, OF

were more or less inseparable in tlie minds of all,
as depending a good deal the one on the other.
After the compromise which gave the small
States an inequality in one branch of the Legisla-
ture, and the large States an inequality in the other
branch, the abstract leaning of opinions would
better appear. With those, however, who did not
enter into debate, and whose votes could not be
distinguished from those of their State colleagues,
their opinions could only be known among them-
selves or to their particular friends."

The information contained in this letter is cor-
roborated by the Journal of the Convention, and
more especially by " The Secret Proceedings" of
that body,* which leave no ground to beheve that
Mr. Livingston took any share of importance in its
debates, though he was at the same time, as stated
by Mr. Madison, usefully and actively employed.
On the 21st August, we find him acting apparently
as chairman of a committee appointed to consider
the expediency of the assumption of the State
debts by the Federal government, which reported
in favour of the measure ; and on the 24th, chair-
man of a committee to whom were committed
certain portions of the draft of a constitution pre-
viously reported by the committee of detail.t

It may also be supposed that the proceedings of
the New-Jersey delegation were generally sub-

♦ Albany, 1821.

t Journal of the Convention, Boston, 1819, pp. 261,272, 276,

285,

WILLIAM LIVINGSTON. 419

jected to his supervision, less from the claims of
his station, than that affectionate respect with
v/hich he was regarded by his fellow-citizens ; and
when, from the very imperfect but most interesting
records which remain of the deliberations of this
eminent body, we see how great was the diversity
of opinion, how narrowly the members avoided the
dangers by which they were surrounded, with what
difficulty they shunned the scheme of a great na-
tional government, and how hardly they fixed upon
any plan, too much importance cannot be given to
the conduct of those who, whether from local at-
tachment or sounder views, advocated the rights of
the States, and supported the integrity of their
governments. The " Jersey plan," as it was then
termed, arranged by the delegates from Coifnecti
cut, New-Jersey, and Delaware, and in part from
Maryland,* and presented by Mr. Paterson, ex-
tremely defective as it was in many points of view,
still deserves all respect as the most prominent
defence of the rights of the States — rights often
carried to their utmost extent ; sometimes, it may
be, pushed beyond their just hmit, but which, when
not demanded in a factious spirit, will ever find ar-
dent defenders among those who wish to preserve
in all its harmony and beauty our present consti-
tution.

Although Livingston must be supposed to have

* Vid. Luther Martin's speech to the Legislature of Mary-
land, prefixed to the " Secret Proceedings."

120 THE LIFE t)P

brlonpred to tliis party, lie was satisfiod with the
concessions of the majority ; and in September had
the satisfaction of aflixini^ his name to the national
charter, immediately after wliicli he returned to
Klizabethtown. It cannot be regarded but as a
iinj)pv termination to the pul)lic labours of a long
life, tliat he siiould liave liad tiiis opj)ortunity of
evincing in the most prominent manner his un-
changed devotion to those principles for which he
had risked, and would have sacrificed, every thing
near and dear to him. In October, shortly after
his rctiyn, he was again chosen governor by 47
out of 48 votes.

New-Jersey was tlie third State to ratify the new
constitution, on the 18th December, 1787, being
preceded only by Delaware and Pennsylvania, on
the 7th and 12th of the same month, and Gov-
ernor Livmgston exulted in the unanimous vote by
which it was adopted — a vote doubtless, in a mea-
sure, owing to his personal influence with the mem-
bers of the State Convention. The gratification
he felt both in this and in the final ratification of
the new charter of union, is expressed in many
of his letters. Writing to Dr. Joshua Lathrop, of
Connecticut, under date of the 2d of August, 1788,
he says,

" I thank you for your congratulations on the
adoption of the new constitution by ten States.
It was indeed real joy to me, who have long been
anxious to see a more effieient rational govern-

WILLIAM LIVINGSTON. 421

ment than that of the confederation. You will
have heard, before this comes to your hands, that
New-York has made the eleventh. Some of their
anti-federalists died hard ; but since a pack of lazy
fellows, mentioned in the gospel, who would not
come to their work till the eleventh hour, received
the same wages with those who came earlier, 1
believe we must forgive them." * * * *

In his message to the Legislature, of the 29th
of August, 1788, he says,

" I most heartily congratulate you, gentlemen,
on the adoption of the constitution proposed for
the government of the United States, by the
Federal Convention, and it gives me inexpressible
pleasure that New-Jersey has the honour of so
early and so unanimously agreeing to that form of
national government, which has since been so
generally applauded and approved of by the other
States. We are now arrived to that auspicious
period which, 1 confess, I have often wished that
it might please Heaven to protract my life to see.
Thanks to God that 1 have lived to see it."

Governor Livingston scarcely lived to see the
commencement of that great constitutional strug-
gle which, originating with the commencement of
the new order of things, cannot be said to have
even yet terminated ; but there can be httle doubt
in the ranks of which party he would have enrolled

122 inn life of

himself. He speaks in several of his letters with
considcral)le nsperity of the opposition to the
proposed constitution ; and it can scarcely be sup-
posed that this opposition, although, after tlic
formation of the present government, it certainly
assumed a wholly difTerent character, would ever
have found him among its advocates. Had he
lived, he would undoubtedly have attached himself
to that party whose watch-word was " The Fede-
ral Constitution ;" a party who, so long as led by
men such as Washington and Jay, could never
have intentionally perpetrated injustice, or design-
edly invaded the rights of others, — a body which,
if the course of events has shown them to be
deficient in political foresight — incorrect in their
estimation of the genius of the government — too
distrustful of the virtue and knowledge of the
people, may fairly lay claim to as much integrity
and patriotism as ever fell to the lot of the same
number of men in .any age or any country.

After the adoption of the new form of govern-
ment, Livingston took no immediate or active
interest in the affairs of the union; and though he
continued to preside with equal fidelity over his
own State, the demands which it made upon his
attention were no longer all-engrossing, and he
enjoyed in a greater degree the rural retirement
he had so long coveted, but which had been so
sparingly allowed him. His long-neglected folios
were now once more dusted, and his workshop
again occupied. A lathe and set of joiner's tools

WILLIAM LIVINGSTON. 423

supplied him with exercise within doors, and he
took much pride in the skill with which he used
them. " Come with me," he said to his daughter,
" come and see how rich 1 am in real estate — how
many houses 1 own." She followed him into his
office, and found the table covered with a quantity
of wren-houses, of his own manufacture, and
which were afterwards put up around the house,
as trophies of his ingenuity. This, together with
the cultivation of his garden, fishing, and the
instruction of his grandson, occupied his leisure ;
and had it not been for his domestic calamities
and his own increasing infirmities, these last years
would probably have been the happiest of his life.
The following letter so well illustrates his occupa-
tions at this time, that I am tempted to give it
entire.

•

" TO GOVERNOR LIVINGSTON.

« Clermount, 15th Nov., 1787.

" Dear Sir,
"Having been informed that you are not suc-
cessful in raising the green gage plumb, 1 send you
two trees, from a stock that is remarkably hardy.
I have now about twenty bearing trees, none of
which are grafted, but are the ofspring of one that
was raised from the stone, the shoots of which
have furnished some hundred trees; as those I
now send you will do if planted in a loose soil.
The general complaint is that the fruit drops
without ripening. 1 do not find this to be the

424 THK I.IFK OF

case with mino. I cannot lulp tliinking tliat these
trees, in most instances. sulVer in common with a
higher order of being iVom tlie ignorance of their
physicians, wlio insist n|)()n it that tliis disorder
arises from too great a (inaiitity of sap, or in otlier
words from too much liealtii, and accordingly
direct a spare regimen, planting them in stiff soils,
where they feed with difficulty ; and lest they should
not suffer enough from this, they cut their roots,
choke them with stones, bind their bodies with
bandages, and even go so far as to beat them, as
if they believed the fruit of this tree, like that of
religion, the ofspring of mortification. I have
never yet heard that these prescriptions have been
attended with success, and as they probably never
will, it might hot be amiss " for the college to
alter them."

« Except man, I know oj" no animal that suffers
from a plethora, nor would he, unless luxury had
provoked his appetite to exceed its natural bounds.
All others acquire additional health and vigour
from plenty of food; the same holds good of
vegetables, whose seed and fruit are most perfect
when a sufficiency of food is afforded them. The
plum is in no soil a very luxuriant tree, its growth
is slow, and when it begins to bear, it is generally
very heavily laden; as the fruit grows large, it
makes a demand upon the roots for more sap than
they can readily furnish, more especially as the
droughts prevail at the very time this requisition is
made ; the circulation thus becoming more languid,

WILLIAM LIVINGSTON. 425

the fruit withers and drops for want of nourishment*
If this theory is just, the remedy must be the
reverse of that usually prescribed. I have accord-
ingly planted most of my plumbs in the richest
part of my garden (the natural soil of which is a
light loam upon a sharp sand); the ground about
them has been annually manured and dug. My
trees scarce ever fail to ripen as much fruit as they
can bear ; and indeed this year, though carefully
propped, many branches broke with its weight. I
have some plumbs of different kinds on a hard clay,
which neither yield so much, nor such good fruit,
as those in my garden, besides that they take
twice the time before they begin to bear. This
convinces me that my theory is right, and has
induced me to enlarge upon, in hopes (if it should
not interfere with some system of your own) that
it may be useful to you and your friends.
" I am, dear sir,
" With great respect and esteem,

" Your most obdt. hum. servant,

" R. R. Livingston."

Robert R. Livingston, the father of the writer of
the above letter, a grandson of the first proprietor
of the manor, was a justice of the supreme court
of the colony of New-York, and member of the
Stamp- Act Congress, in 1765. His son, bearing
the same name, was one of the most eminent
members of the family to which he belonged. He

HHH

42G THE LIFE OF

was born in New-York, in 1717, and entered
King's College. On taking his first degree, in
17G.'), excited, no doubt, by the stirring sounds of
the political contest in which so many of his
kinsmen were engaged, he delivered an oration
in praise of libcrij/* He entered the oliice of his
relative, the subject of this memoir, and not long
after the expiration of his clerkship, in October,
1773, was made recorder of his native city. In
April, 1775, he was elected a member of the second
continental Congress, but does not appear to have
attended the sessions of that body until the spring
of the next year. Immediately after taking his
seat, his name appears on the journal as a promi-
nent member, and in June he was placed upon
the committee appointed to draft the Declaration
of Independence. Shortly after this he left Phila-
delphia, and was thus prevented from signing that
document. Mr. Livingston does not appear to
have been again a member of the national Legis-
lature, until he was again returned by New-York,
in 1780.

In August, 1781, he was appointed secretary for
foreign affairs, which station he held for nearly
two years, when he was made chancellor of the
State of New-York. In 1788, he was a member
of the State Convention, which met at Pough-
keepsie, to decide upon the constitution, and was
among the ablest of those who urged its adoption.

• Vid. Rivington's Gazette.

WILLIAM LIVINGSTON. 427

In the next year he was rewarded for his efforts,
by having the good fortune to administer the
constitutional oath of office to Washington, upon
his inauguration as President.

In 1801, he was sent minister to the court of
France, and assisted in negotiating the purchase
of Louisiana. At the close of several years,
passed in retirement at his seat at Clermont, on
the Hudson River, Mr. Livingston died on the 26th
February, 1813. Such are the principal incidents
in the hfe of this eminent man ; but this brief sketch
would be very imperfect, were I not to notice his
literary tastes ; his fondness for agriculture and its
kindred pursuits ; and the ability displayed in the
varied services which have identified his name
with the history of the country.

The following extract of a letter from Governor
Livingston to one of his grandchildren, who had
been his pupil, may here find a place, not for the
elegance of its Latinity, but for the warmth and
truth of the feeUngs it expresses.

"NEPOTI SUO CHARISSIMO GULIELMUS LIVINGSTON, S.D.

" Magna cum voluptate (mi anime) tuas 3tii
Januarii accepi et perlegi ; non solum quia tuas,
et a te, sed prsesertim quia in iUis argumentum
praebuisti validissimum quod studiis tuis dihgenter
incumbis. Id me tamen segre habet quod nunc te
mihi adire ssevitia temporis obstaret. Hyems
enim, hyemis que progenies, nix et glacies et pro-
celloB frigusque ; ne res modo gereretur prohibent.

428 THE LIFE OF

Quando autcm solvcrctur tcmpiis hyonialc grata
vice vcris et iic(iiic jam stal)ulis <^au(lorot pocus aut
arator igni, niliil inc potius erit quam olliciosus
ad mc aditus tuus; hilarcsque hos dies (mi par-
vulc !) animantc Deo, vol nmbulando, venando,
pisces captando, aut equitando carpemus,"

In June, 1788, Governor Livingston, at the ap-
plication ot^ Mr. Matthew Carey, of Philadelphia,
who was then conducting the periodical entitled
The American Museum, undertook to assist him
as well by his recommendation, as by supplying
him with contributions. During the course of this
and the next year, he sent several essays, which
were published in that work, partly at the time,
and partly after his death. Some of these pieces
had, however, appeared before, being taken from
the Independent Reflector and his other publica-
tions, and they will not therefore demand our par-
ticular notice at this time.*

• Governor Livingston's contributions to the American Mu-
seum, according to information very obligingly communicated to
me by Mr. Carey, may be found in the volumes and under the
pages following of the American Museum.
Vol. V. p. 100, 295, 371.
" viii. " 176, 233, 254.
♦• ix. " 9, 72, 143, 241.
•' X. •' 17, 68, 209, 210, 211.
In the Appendix to vol. viii. p. 17, I find the following verses
to his memory,

" O ! frail mortality, behold thy doom !
Heroes and sages crowd the narrow tomb,-^-

WILLIAM LIVINGSTON. 429

The following letter from Hamilton to Governor
Livingston is strikingly illustrative of the adroit-
ness and statesmanlike address mingled with the
more chivalric quahties of that great man.

"August 29th, 1788.
" Dear Sir,
" We are informed here, that there is some pro-
bability that your Legislature will instruct your
delegates to vote for Philadelphia, as the place of
the meeting of the first Congress under the new
government. I presume this information can hardly
be well founded, as upon my calculations there is
not a State in the union so much inl crested in having
the temporary residence at New-York, as New-
Jersey. As between Philadelphia and New- York,
1 am mistaken if a greater proportion of your
State will not be benefited by having the seat of
the government at the latter than at the former
place. If at the latter too, its exposed and
eccentric position will necessitate the early es-
tablishment of a permanent seat; and in pass-
ing south, it is highly probable the government
would light upon the Delaware in New-Jersey.

The vet'ran Putnam bows his laurell'd head,
And beckons sages to the mighty dead.
Frankhn obeys and treads the shadowy shore.
And the good Livingston is now no more.
His mighty soul, unwilUng to remain,
Elated, rush'd to join th' illustrious train,"

430 THE LIFK OF

Tlie nortlicrn States do not wish to increase
Pennsylvania by an accession of all the wealth and
population of the Fooderal city. Pennsylvania her-
self, when not seduced by immediate possession^WiW be
^Ind to concur in a situation on the Jersey side of
the Delaware. Here are at once a majority of the
States ; but place the government once down in
Philadelphia, Pennsylvania will of course hold
fast ; the State of Delaware will do the same.
All the States south, looking forward to the time
when the balance of population will enable them
to carry the government farther south (say to the
Potomac), and being accommodated in the mean
time as well as they wish, will concur in no change.
The government, from the delay, will take root in
Philadelphia, and Jersey will loose all prospect of
the Foederal city within her limits. These appear to
me calculations so obvious, that I cannot persuade
myself New-Jersey will so much oversee her inter-
est as to fall in the present instance in the snares
of Pennsylvania.

" With the sincerest respect and regard,
" 1 remain, dear sir, your obedient servant,

" A. Hamilton.

How much is it to be regretted that the petty
State jealousies brought to bear upon this ques-
tion could not have been overruled by a sense of
common advantage, and that the Federal metrop-
olis could not have been identified with either of
our large commercial cities. Of what moment

WILLIAM LIVINGSTON. 431

are a few miles nearer to the centre in an empire
already striding towards the Rocky Mountains ?
The injurious effect apprehended from contact
with a wealthy city, has been ill-exchanged for
those unpolished and licentious modes of life which
necessarily result from the want of a high and
permanent tribunal of pubhc opinion; and we have
been forced into expenses unwarranted by our in-
stitutions, and wholly disproportionate to any thing
which we see around us, by the wild scheme of
founding a city to carry into effect a government.

In this year the faculty of Yale College, at their
annual commencement, conferred upon Governor
Livingston the degree of Doctor of Laws, *' as a
testimony," says President Stiles in his letter of
the 17th November, " of their high respect for
your literary and political merit, and the distin-
guished honour to which your great abilities and
fervent patriotism have elevated you, both in the
republic of letters and in political hfe." It will
be remembered, that forty years ago the honours
conferred by literary institutions were less widely
distributed, and conveyed higher distinctions than
at present. At the election for governor in Octo-
ber, Livingston again received a grateful tribute
of respect and affection in an unanimous vote.
Shortly after this, at the moment he was leaving
Princeton, he suffered a serious injury by the break-
ing of the high steps, then used to enter the stage
wagons, and this " impar congressus," as he terms
it in one of his letters, " of the bones of an old

432 THE LlFt: OF

man with an iron-bound wliool," affected liis licaltli
during the remainder of liis life.

Governor Livingston was about this time talked
of by some of his friends, both in New-York and
New-Jersey, as a candidate for tlie Vice-Presi-
dency of tlie United States, under the new gov-
ernment. John Mehelm, wlio had been long a
member of the Legislature, and at one time speaker
of the Assembly, thus writes to him under date of
the 20th February, 1789. " It is said your Excel-
lency had the votes of this State for the Vice-Pres-
idency, and 1 do not know whether to be pleased
or displeased with it. If you was not governor of
Jersey, 1 should heartily acquiesce in your having
the votes of the thirteen States for that appoint-
ment." Thus the very affection of his fellow-citi-
zens might have deprived him of the votes upon
which he could be supposed able with certainty to
count. The following letter, written about this
time by one of the prominent men of the Con-
gress of 1776, may be read with interest.

" TO GOVERNOR LIVINGSTON.

"Virginia, February 16th, 1789.
" My dear Sir,
" The friendship you formerly honoured me with,
and the confidence I still have in it, will I hope ex-
cuse me to you, for asking the favour of you to
assist me with your interest, with the senatorial
delegates of your State in Congress, for the ap-
pointment of naval officer for the district of Nor-
folk and Portsmouth in this State. The being a

WILLIAM LIVINGSTON. 433

placeman is a line I never expected to walk in, but
the distresses brought on me by the ravages and
plunderings of the British, have reduced me so low
that some prop is necessary, for the comfort of a
numerous and valuable family. That I have some
claims on the American States, you, my friend,
know, as many of my long services were familiar
to you ; which services, together with my strong
attachment to the American cause after my return
from Congress, marked me out as a peculiar ob-
ject of British vengeance ; and which they did not
fail to execute in the most outrageous manner,
when the fortune of war put my whole estate in
their power. I take the liberty to enclose you a
letter to the gentlemen, which you'll be so obliging
as to forward to them in any manner you shall
please.

« I have the honour to be, with the most perfect
sentiments of friendship and esteem, dear sir, your
Excellency's most obedient and humble servant,

" Benj. Harrison.

In the summer of the year 1789, the disorders
of Mrs. Livingston, which had for several years
previous assumed a more and more threatening
complexion, terminated fatally. She died on the
17th July. Her simple and unpretending charac-
ter furnishes scanty materials for history ; but her
sound sense, her devotion to her husband, and
sympathy in all his pursuits, and her maternal ten-
derness, singularly free from every tincture of selt-

1 1 I

434 THE LIFE OF

ishness, claim more than a papsin<T notice. Her
death, altliougli it ini«4ht iiave been lor some time
expected, was a severe shock to her children, and
even more so to her husband. The family letters,
written about this period, show that his grief at
this separation from her who had siiared in all the
anxieties of a long and toilsome life continued un-
abated, and that it accelerated the progress of his
own disease. For the year following, his spirits
flagged, and a marked difference was perceptible
in his temper. It appeared chastened and sub-
dued. What the vicissitudes of fifty years had not
effected, heartfelt sorrow at one stroke accom-
phshed, and he scarcely on any subsequent occa-
sion manifested that irritability which, as I have
often had occasion to say, was a constituent of his
character.

At the election in the fall of this year, Abraham
Clark, one of the signers of the Declaration of
Independence, and at this time a leading anti-
federalist, was put up as the rival candidate ; but
Governor Livingston was, as usual, re-elected.* It

* Abraham Clark, originally I believe a surveyor, was, it is
said, a man of strong, shrewd mind. He was for a long time
connected with the State or Federal government ; but is perhaps,
best known, at least in his own State, by the act which he intro-
duced into the New-Jersey Legislature about this time, to do away
or simplify the English legal tcchnicahties, and commonly called
" Clark's Practice-Law." It was a favourite scheme with him.
" If it succeeds," he said, " it will tear off the ruffles from the
lawyers' wrists."

WILLIAM LIVINGSTON. 435

was for the last time, but no political opposition or
intrigue was destined to remove him from the
office which he seemed to hold by the tenure of his
life alone. "Hoc sacrum plane et insigne est,"
says Pliny,* speaking of the office of augur, " quod
non adimitur viventi."

On the 12th of June, 1790, Governor Livingston
returned from Amboy to Elizabethtown, complain-
ing of an oppression on his breast, which soon
afterwards proved to be the dropsy, attended by a
severe cough. Doctor Bard, of New-York, was
called in; the aid of medicine, however, only
served to prolong his sufferings a few days. His
disorder was of a peculiarly harassing character,
but he bore it with a patience which the excita-
bility of his temper would not have given reason
to expect. That religion, which when invoked
truly is never invoked in vain, sent down her
messengers of peace to tranquillize these trying
moments. The following extracts from letters
written about this time, with the greatest facilities
of observation, will convey the best idea of the
closing portion of his life.

" The more 1 reflect on the patience and forti-
tude with which he supported his last illness, the
more I am astonished at it; he never uttered a
complaining word : the most he ever said, was, ' 1
can't hold it long if I do not get relief.' I have

* Ep. iv. 8.

436 THE LIFE OF

often rcHectcd on a line of his, written in early
life.

' For I, who know to live, would never fear to dic.^*

When they would tell him how much better he
looked, ' A stran^^e misunderstanding between the
looks and feelings,' he would say: he often said
' God's will be done !' and would tell me, I had
done all I could ; I must leave the event to Provi-
dence. He supported his illness with uncommon

patience and resignation : the last day of his life,
I asked him if he was in much pain ; he answered,
'No, none at all.' Whenever we asked how he
felt, the answer was 'Weak, very weak.' The
cough left him a considerable time before his
death ; after which he could lie in bed, and that
was a great relief; before that period he sat
night and day in the easy chair."

" Who," says Fox, " so well endures any of the
various ills that flesh is heir to ; who so peacefully
resigns the existence which we hold but in depend-
ence and on trust from our Creator, Lord, and
Judge; who so wisely, and usefully, and happily
employs the longest and most prosperous life, as he
who acts on lessons of prudence — whose reason
rusts not in neglect, nor is perverted by abuse — who
acquires the habitual control of his passions — in
whose understanding the great truths of religion

• Philosophic Solitude.

WILLIAM LIVINGSTON. 437

are enshrined, and in whose heart and Ufe they bear
their fruits of righteousness and peace ? He
really best enjoys what is good here, and he lays
up an unfailing security against the time to come,
by which, when mortality flits from his grasp, he
lays hold on the true and everlasting life.

The painful scene was at length closed; on
Sunday, the 25th of July, 1790, Governor Living-
ston died. His remains were interred at Elizabeth-
town with those of his wife, and in the course of
the following winter, were removed to the vault of
their son Brockholst, in New-York. WiUiam
Paterson succeeded Livingston in his office, while
not a dissenting voice was heard throughout New-
Jersey to the tribute of respect, regret, and
sympathy offered to the memory of their deceased
chief-magistrate.

The period of Governor Livingston's death was
fortunate for himself He lived long enough to
see the last seal set to the independence of the
country in its new constitution, and the guidance
of its energies in the hands of the individual whom
he most esteemed. He did not live to see the

* Sermon preached at the Unitarian Chapel, Parliament Court,
16th February, 1823, by W. J. Fox. I cannot resist the temp-
tation to offer my humble tribute of respect to the writing and
preaching of this eminent man ; it is not necessary to agree with
him in his speculative views, to admire the expansion of his in-
tellect, the enlargement of his benevolence, his ardent piety, and
the vigor and fervor of his eloquence.

438 THC LHE OF

unprrccdcntcd violence of tliat storm which so
loiiiT convulsed the rei)iil)lic, rending uFunder old
friendships, uprooting reputations apparently the
best founded, and which would probably have
swept him from the eminence, that, as it was, he
occupied till the time of his death. He died in
possession of all the honors he had received; —
all it was in the power of the State to bestow, and
with a character unsullied, even by the breath of
faction.

The narrative portion of this memoir is now
closed ; and in completing my task by grouping to-
gether in the few pages that now remain, the promi-
nent traits of Livingston's character, I shall en-
deavour to confine myself to a mention of those
attributes, the evidence of which may be found in
what has been already presented to the reader.

Active life does not appear to have been Liv-
ingston's preference, although it is true that in
his youth he showed more taste for the turmoil of
contest and controversy than he afterwards exhib-
ited. Necessity drove him into the bustle of a
profession, and at the moment when he intended
apparently to withdraw himself altogether from pub-
lic life, the revolution broke out. Jn the contest
that followed, he would have wanted virtue that
had remained idle ; and the demand for talent, hon-
esty, and energy soon forced the subject of this
memoir to the conspicuous station which he so
long filled. But all his tastes were pure, simple,

WILLIAM LIVINGSTON. 439

and averse to the tumult of the crowd. His hbrary
within doors, and his fishing-rod or spade without,
occupied his leisure.

Under the colonial government, we have seen
Livingston the strenuous opponent of abuse of
power; after the revolution, he adapted himself
with equal promptitude and success to the part he
was called upon to perform. He belonged strictly
to that class of men who may with equal propriety
be called either the parents or the children of the
revolution — the first by their precepts and example
to bring about the change, and the most sedulous
in discharging the new and arduous duties imposed
by that change. It is not too much to say that
few could have supplied Mr. Livingston's place in
New-Jersey during the first years of the war. The
faith of the people, harassed by the inroads of the
enemy on one side, and by the pecuniary demands
of their own government on the other, wavered ;
but the moral qualities of their first governor com-
manded their affection and respect, more perhaps
than even his intellectual superiority, and during
the whole struggle he was the leader of the whig
party in that State.

Governor Livingston took office with apparently
but one prominent object : the good of the country.
He nearly abandoned all attention to his private
aflfairs. "My family," he says in November, 1780,
" for these four years past have not had fourteen
days of my assistance." " My friends in Philadel-
phia," he writes to his daughter in February, 178],

410 THE LIFE OF

" are greatly mistaken if they think that the recess
of the Assembly is recess to me." 'JMiouj^Mi the
very antipodc of a dcmai(otrne, with no desire and
evincing })crhaps at critical moments too scrupu-
lous a hesitation to stretch his power beyond its
just limits, he so exerted himself as to win the af-
fection, and on most occasions, draw forth the
whole disposable strength of his State. " If any
necessity," he says in a letter to F. L. Lee, of the
7th January, 1778, " demands any measures con-
trary to the law, 1 hope those measures will be ex-
ecuted by officers who never have been sworn to
act agreeable to it." Like other prominent men
of the day, he made great personal sacrifices in
the common cause. His house was several times
attacked, and once partially pillaged; his family
were repeatedly in the power of an insolent, if not
brutal soldiery, and the constant rumors of at-
tacks upon his own person disturbed his quiet.
His fortune was so much impaired by the opera-
tion of the depreciated currency, as to be reduced
to a third of what it was when he went into the
State of New-Jersey; and had it not been for the
extensive lands inherited from his father, he must
have left to his children scarcely any other estate
than that of his reputation.

The prominent feature of Mr. Livingston's char-
acter appears to have been truth, taken in its
widest and most ennobling sense — that truth which
enabled him to form a just conception of the vari-
ous and harassing duties imposed upon him, and

WILLIAM LIVINGSTON. 441

at the same time gave him the power to execute
them rightly.

His impartiahty in the exercise of his office was
of the most absolute character. His straight-for-
ward independence neither bent before the turbu-
lence of public, nor yielded to the blandishments
of private life. It would be, 1 believe, impossible
to meet with a single instance in which the con-
stant importunities by which he was urged to make
exceptions to his established rules, on the subject
of passes, or the transportation of goods across
the line, had the least effect. On this point, his
letter-books furnish abundant proof. No friend-
ship could divert or mislead him from a line of
duty once laid down for himself His nearest
relativ^es could expect no greater indulgence than
the most indifferent stranger might claim. In his
punishments, though generally long delayed, and
always unwillingly inflicted, he was equally un-
biased by any personal motive.

These qualities sprang from that love of reli-
gion which unostentatiously, but intimately, was
-incorporated with his whole character. With this
also was associated that charity, " the vertical top
of all religion,"* which is its natural growth, and
when unchecked by false teaching, or unfortunate
experience, its inseparable attendant. Satisfied of
the sincerity and correctness of his own faith and
principles, he laid little stress upon the various and

* Jeremy Taylor.
K K K

442 THE LIFF. OF

adverse tenets of ntliers. The liarslincss of his
early writiiiL^s. which would .'i|)j)c;ir to form an ex-
ception to this, has been sufficiently accounted for
in its proper place. His religious creed was inter-
woven with iiis political belief, and he contended
no less for civil than religious liberty. Even towards
the Quakers, who, by a narrow construction of a
benevolent dogma, held themselves bound to keep
aloof from that struij^le, in which he knew of no
excuse for inactivity, he showed a wise and tolerant
spirit. He strictly enforced the laws to which they
were obnoxious, regarding them, however, not as
a religious sect, but as obstructing the administra-
tion, and by his correspondence with more than one
of their persuasion, endeavoured so far as lay in
his power to remove their scruples, and to win their
attachment to the government.

We have seen the animosity expressed by Liv-
ingston towards the British during the war, but
the hostile feelings and bitter tone ceased with
their cause. The case of Mr. Kempe shoAvs
how speedily he forgot national wrongs in his
desire to benefit individuals. He appears indeed
always to have been ready to make those sacrifices
of his time, at the demand of private persons, for
refusing which, a disposition less complying would
have easily found excuse in the absorbing claims
of his office. It is worthy of notice, that when
after the peace, Doctor Chandler returned to
Elizabethtown, worn down by age and disease,
these two antagonists, who for the third of a
century had been ranged on opposite sides of

WILLIAM LIVINGSTON. 443

all the great questions which had agitated the
world, and who for a part of that time had been
personal opponents, were in the habit of visiting
each other, in the most unembarrassed and cordial
manner.*

Straitened as Mr. Livingston was in his circum-
stances during the war, he at all times pushed his
generosity to the limit of prudence. In a letter
to his brother, of September, 1785, speaking of an
unexpected claim presented by the latter, which
Livingston shows him could not be sustained,
either at law or in chancery, he goes on to say,
« But there is, my dear brother, a better tribunal
than either of these, at which I hope that both
you and I may ever regulate our conduct, and that
is the heart of an honest man. According to that,
I think I ought to make you an equitable allow-
ance." Although very economical in his own
habits, he was inexcusibly careless in money
transactions ; and it is mentioned as an instance of
his inattention to these matters, that when his
daughter left home in the fall, to remain in New-
York till spring, he gave her a half Joe (eight dol-
lars) to defray her winter expenses. Mrs. Living-
ston was always called upon to rectify these and
similar inadvertencies, for which her accurate and
methodical habits of mind well qualified her.

Livingston appears to have had but little vanity,
either as a private or public man. His real learn-
ing and the quaint style of the day, sometimes

* Chandler died in July, 1790. Allen's Biog. Diet.

444 TiiK LiFF. or

give his writinji;3 an air of formality, which might
be mistaken for pedantry ; bnt on a close examina-
tion, his character bears few, if any traces of
aiVectation, His conversation was entirely free
of egotism. As governor, he despised, and alto-
gether threw off the state, which his predecessors
under the crown had assumed, and thus early
adapted himself to the rapidly changing tastes of
the people. Nor does this appear to have sprung
so much from necessity as inclination. He was
plain and indifferent, almost to slovenliness, in his
dress. He was accustomed to work in his garden
like a common laborer; and there is an anec-
dote related of a Jerseyman who came to see him
for the first time, on business, and was told by a
person occupied with a spade, and looking very
like a gardener, that he should be called. The
applicant seated himself in the parlor, and when
the governor entered, was somewhat surprised to
find that the gardener was, with the addition of
only a coat, the high dignitary whom he had
ventured to approach. The simphcity and con-
sistency of his character struck the republican
mind of Brissot, who passed through New-Jersey
in 1788. " You may have an idea," he says to his
correspondent, " of this respectable man, who is
at once a writer, a governor, and a ploughman, on
learning that he takes pride in calling himself a
New-Jersey farmer."*

* Brissot's Travels, Trans. Letter VI.

WILLIAM LIVINGSTON. 445

In his family, Livingston was a fond husband,
and a generous father, ready at all times to make
every sacrifice which the welfare of his children
demanded ; while at the same time it is not to be
denied that a temper, originally irritable, and
rendered more so by the difficulties and responsi-
bility of his situation, was sometimes less restrained
in his domestic circle, than where it was checked
by the presence of strangers. An extreme sensi-
tiveness to noise ; an occasional unwillingness to
converse when not excited by society; and a
sensibihty more quickly manifested with regard to
trifling vexations than serious evils, sometimes
threw a gloom over the fireside of Liberty Hall :
but these original defects of temper, which not
even his habitual rehgious feeling could thoroughly
eradicate, were all forgotten by his family in their
sense of his affection, generosity, and sympathy
in their happiness. " Nam Phaedro nihil elegantius,
nihil humanius, sed stomachabatur senex, si quid
asperius dixeram."* The same inherent nervous-
ness may be discerned in his timidity on the
water; and perhaps in his susceptibility on the
subject of the attempts to waylay him. No want
of moral courage or firmness can, however, be
traced in his actions ; these sallies of temper were
never allowed to influence his conduct. The
drafts of his answers to pertinacious applicants,

* Cic. Nat. Deor. i. 33.

44G THE LIFE OF

ior passes or other iinj)ro|)er privilcires, exhibit
striking, and sometimes hiiigliable discrepancies
between the first outbreak of his petulaiirc at
being ol)Hged to repeat an answer, aheady in
more than one shape repeatedly given, and the
alterations made in cooler moments.

Governor Livingston's temper was usually play-
ful— he was extremely fond of children, and took
delight in making their amusements his own.
In a letter to his son-in-law, Mr. Ridley (10th
March, 1788), speaking of a family visit, which he
wishes his children and grandchildren to make
him, he says — " Suppose in reality that you and

, and , and Mr. and Mrs. Jay, and

— , should come to Liberty Hall next cherry-
time; why, then, what with my romping with some
upon the piazzy, and shooting robbins with others
out of the mazzard-trees, and talking and walk-
ing with the elder boys and girls, and their fathers
and mothers round the table, I pertest (as some
ladies say), that 1 would not exchange such a
scene of happiness for any gratification of the
Grand Seignior." It is rare that the age of sixty-
five retains so well the fresh and flexible sympa-
thies of youth.

" Of children," says Governor Livingston, "I
have had to the number of these United States."
Six died during his life time. He was considera-
bly above the middle stature, and in early life, so
very thin as to receive from some female wit of

WILLIAM LIVINGSTON. 447

New-York, perhaps in allusion to his satirical dis-
position, the nickname of the "whipping-post."
In later years he acquired a more dignified corpu-
lency. Speaking of himself, in the language of
one of his opponents in the American Whig (1768),
he says, " The Whig is a long-nosed, long-chinned,
ugly-looking fellow." The profile at the beginning
of this volume corroborates this candid confes-
sion.

The character of Governor Livingston's writings
has been sufiiciently discussed. Of his scholarship,
it may be said that it was distinguished in days when
scholarship was more common. Greek he aban-
doned early in life, but of the Latin he retained a
familiar knowledge; the French and Dutch he
read with great facility, writing them both with
considerable ease, though without elegance. With
the literature of his own language, he was inti-
mately acquainted. In polemical divinity, a study
now fallen into considerable disrepute, he was also
well read. His religious taste and readings tinge
most of his literary productions, which often bor-
row point and eloquence from the rich treasure-
house of scriptural allusions and quotations. His
skill in literature was not confined to the closet or
his own gratification ; we have seen it rendering
more effective his exertions directed to Holland ;
and in his own country, he was active in supplying
the want of instruction in the difterent States, to
do which he was more than once requested ; while
at the same time as trustee ex-oMcio of Princeton

418 THE LIFE OF

and Rutgers Colleges,* he exercised a supervision
over the literary interests of New-Jersey.t

My task is here coniplrtrd, and I have now fin-
ished such a Memoir of Governor Livingston as
tlie distance of time and my scanty materials have
left it possible to compile. 1 do not allow myself
to believe that it will possess sufficient interest to
recommend itself to the mass of the reading pub-
lic. I shall be satisfied, as I have already said, if
this effort to give a more accurate idea of the
services of one of the agents of the revolution
prove acceptable to those who, whether from the
ties of blood, or a greater familiarity with the his-
tory of that period, may be not altogether indiffer-
ent to such an attempt.

* I am not certain as to this with regard to the later insti-
tution.

t The following is a list of Governor Livingston's works, ac-
cording to their dates.

The Art of Pleasing.

Philosophic Solitude, 1747.

The Independent Reflector, 1752-53.

The Watch Tower, 1754-55.

Digest of N. Y. Laws, 1752-62.

Review of Military Operations, &;c., 1756.

Eulogium on Rev. Aaron Burr, 1757.

Essays under the title of The Sentinel, 1765.

Letter to Bishop of LlandafT, 1767.

The American Whig, 1768-69. —

Lieut. Governor Colden's Soliloquy, 1770.

Essays under the signatures of Hortentius, Scipio, and the title
of Primitive Whig, in the New- Jersey Gazette, 1777-86.

Essays in the American Museum, 1788-90.

WILLIAM LIVINGSTON. 449

In drawing up this narrative, 1 have endeavoured
to leave nothing to conjecture, with the view of
adding to the reputation of the subject of it. I
have put no material fact out of sight, nor laid
stress upon any thing but what I have considered
certain. In sketching his character, I am not
aware that I have palliated any fault, or magnified
any virtue, for the purpose of gratifying those more
immediately interested in his reputation; and I have
endeavoured to prevent the more excusable mo-
tive of personal partiality from infusing its bias into
this work. With the same desire to avoid exag-
geration which has guided me throughout, I be-
lieve that truth is not violated by closing this vol-
ume in the words with which it opens, applying to
William Livingston, with but a trifling alteration,
the high eulogium of the Roman historian — " citi-
zen, senator, husband, father, friend ; equal in all
the stations of life, contemning riches, pertinacious
in well-doing, unmoved by fear."

L L L

APPENDIX.

PAGE 99.

The scheme referred to by Mr. Livingston in this letter for
uniting the colonies fell through, as is well known. Although he
does not appear to have had any connexion with it, the subject
is of so much interest in relation to the history of the country,
that no apology is necessary for inserting here three letters, which
convey more accurate information respecting it than is anywhere
to be found. They are from the large collection of manuscripts
in the possession of our Historical Society, the value of which is
far too little known.

The two first are in the hand-writing of a clerk, and seem to
have been copied about the time they bear date. The third,
which sufficiently authenticates them, is in the peculiar auto-
graph of Golden, and not to be mistaken.

The first is from Franklin to James Alexander, an eminent
lawyer of New- York, for some notices of whom see Chapter II.
of this volume.

" Short hints towards a scheme for uniting the Northern colonies
"a governour general,

" To be appointed by the king.

" To be a military man.

" To have a salary from the crown.

" To have a negation on all acts of the Grand Council, and
carry into execution whatever is agreed on by him and that
Council.

M MM

Z APPENDIX.

" GRAND COUNCIL.

" One member to be chosen by the Assembly of each of the
smaller colonics, and two or more by each of the larger, in pro-
portion to the sums they pay yearly into the general treasury.

" MEMBER.s' PAY.

" shillings sterling per diem, during their sitting, and mile-
age for traveUing expenses.

" PLACi; AND TIME OF MEETING.

" To meet times in every year, at the capitol of each col-
ony, in course, unless particular circumstances and emergen-
cies require more frequent meetings, and alteration in the course
of places. The govcrnour-gcncral to judge of those circum-
stances, &c., and call by his writts.

"GENERAL TREASURY.

'" " Its fund, an excise on strong liquors, pretty equally drank in

the colonies, or duty on liquor imported, or shillings on

each licence of publick house, or excise on superfluities, as tea,
&c. (fee. All which would pay m some proportion to the present
wealth of each colony, and encrease as that wealth encreases,
and prevent disputes about the inequality of quotas. To be col-
lected in each colony and lodged in their treasury', to be ready for
the payment of orders issuing from the governour-general, and
grand council jointly.

"DUTY AND POWER OF THE GOVERNOUR-GENERAL AND GRAND
COUNCIL.

" To order all Indian treaties. Make all Indian purchases not
within proprietary grants. Make and support new settlements,
by building forts, raising and paying soldiers to garison the
forts, defend the frontiers, and annoy the ennemy. Equip grand
vessels to scour the coasts from privateers in time of war, and
protect the trade, and every thing that shall be found necessary
for the defence and support of the colonies in general, and in-
creasing and extending tlieir settlements, &;c.

" For the expence, they may draw on the fund in the treasury
of any colony.

APPENDIX. 3

"MANNER OF FORMING THIS UNION.

" The scheme bemg first well considered, corrected, and im-
proved by the commissioners at Albany, to be sent home, and an
act of Parliament obtained for establishing it.

"New-York, June 8, 1754.
" Mr. Alexander is requested to peruse these hints, and make
such remarks in correcting or improving the scheme, and send
the paper with such remarks to Dr. Golden for his sentiments,
who is desired to forward the whole to Albany, to their

" Very humble servant,

"B. Franklin."

The next letter is from Alexander, and apparently (though the
address is wanting) to Dr. Cadwallader Golden, afterwards lieuten-
ant-governor of the colony. It is evidently misdated, probably by
the blunder of the copyist, and should be of June instead of May.

« New- York, May 9th, 1754.
"Dear Sir,

^'I communicated yours of May 16th and 28th, and my an-
swers to Mr. Pownal, Mr. Peeters, and Mr. Franklin.

" Before I communicated them to Mr. Pownal, he had thought
of forewith building one vessel of force, and sundry small ves-
sels to attend her, to prevent the boarding of the larger by can-
noes and pereagoes, upon Lake Ontario, and on the many good
consequences of that scheme — when I told him you had thought
on nearly the same thing, which introduced the communicating
them to him.

" I had some conversation with Mr. Franklin ' and Mr. Pee-
ters, as to the uniting the colonies, and the difficulties thereof by
eflfecting our liberties on the one hand, or being inefiectual on
the other. Whereon Mr. Franklin promised to set down some
hints of a scheme that he thought might do, which accordingly
he sent to me to be transmitted to you, and it's enclosed.

"To me, it seems extreanily well digested, and at first sight
avoids many difiiculties that had occurred to me. •

" Some difficulties still remain. For example, there cannot be

1 APPENDIX.

found men tolerably woll skillrd in warlike affnirs to be chosen
for the CJrand Council, and there's danger in communicating to
them the schemes to be put in execution, for fear of a discovery
to the enemy — whether this may not be in some measure reme-
died by a council of stale, of a few persons to be chosen by die
Grand Council at their stated meetings, which council of state to
be allways attending the governour-gcneral, and with him to digest
beforehand all matters to be laid before the next Grand Council,
and only the general, but not the particular, plans of operation.

" That the governour-general and that council of state issue
orders for the payment of monies, so far as the Ciraiid Council have
beforehand agreed may be issued for any general plan to be exe-
cuted. That the governour-general and council of state at every
meeting of the Grand Council lay before them their accounts and
transactions since tlie last meeting, at leastso much of their trans-
actions as is safe to be made publick. This council of state to be
something like that of the United Provinces, and the Grand Coun-
cil to resemble the States General.

" That the capacity and ability of the persons to be chosen
of the council of state and Grand Council, be their only qualifi-
cations, whether members of the respective bodies that chuse them
or not. That the Grand Council, wiih the governour-general, have
power to encrease, but not to decrease the duties laid by act of
Parliament, and have power to issue bills of credit, on emergen-
cies, to be sunk by the encreased funds, bearing a small interest,
but not to be tenders. I am, dear sir,

" Your most obedient, and most humble servant,

"Ja. Alexander."

The following is written from Coldcn's country-seat, near New-
York, and, as I have already said, in his handwriting, though not
signed by him.

" TO BENJ'n FRANKLIV, esq. at ALBANY.

" Coldingham, June 20th, 1754.
".Sir,
" I inclose the papers which I received from Mr. Alexander, to
be conveyed to you by the first opportunity to Albany. You

APPENDIX. D

will find that I make remarks with that freedom which I believe you
expect from me, that in case you find any weight in any of them,
you may make your scheme more perfect, by avoiding reasonable
exceptions to it, and have the pleasure of adding this to the many
other well received schemes which you have formed for the benefit
of your country. I hope, in your return home from Albany, you
may have time to stop a day or two at my house, as you seldom
can miss a passage from hence to New- York, if it should be in-
convenient for your sloop to wait so long. By this you will
give a very great pleasure to * * *

" Remarks on short hints towards a scheme for uniting the
northern colonies.

" GOVERNOTJR-GENERAL.

" It seems agreed on all hands that something is necessary to be
don for uniting the colonies in their mutual defence, and it seems
to be likewise agreed that it can only be don effectually by act
of Parliament. For this reason I suppose that the necessary
funds for carrying it into execution, in pursuance of the ends
proposed by it, cannot be otherwise obtained. If it were thought
that the Assemblies of the several colonies may agree to lay the
same duties, and apply them to the general defence and security
of all the colonies, no need of an act of Parliament.

" Qu. Which best for the colonies ; by ParUament, or' by the
several Assemblies ?

"The king's ministers, so long since as the year '23, or '24, had
thoughts of sending over a governour-general of all the colonies,
and the Earl of Stairs was proposed as a fit person. It is pro-
bable, the want of a suitable support of the dignity of that office
prevented that scheme's being carried into execution, and that
the ministry and people of England think that this charge ought
to be born by the colonies.

" GRAND COUNCIL.

" Qu. Is the Grand Council, with the governour-general, to have
a legislative authority ? If only an executive power, objections
may be made to their being elective. It woiold be in a great
measure a change of the constitution, to which I suspect the

b APPENDIX.

crown will not consent. Wc sec the inconveniences attending
the present constitution, and remedies may be found without
chanjjeinp it, but wc cannot foresee what may be the conse-
quences of a change in it. If the Grand Council be elected for a
short time, steady measures cannot be pursued. If elected for
a long time, and not removeable by the crown, they may become
dangerous. Arc they to have a negative on the acts of the gov-
ernour-general ? Tt is to be considered that England will keep
their colonies, as far as they can, dependent on ihem, and this
view is to be preserved in all schemes to which the king's con-
sent is necessary.

" PLACE AND TIME OF MEETING.

" It may be thought dangerous to have fixed meetings of the
Grand Council, and all the colonies at certain times and places.
It is a privilege which the Parliament has not, nor the privy
council, and may be thought destructive of the constitution.

" GENERAL TREASURY.

" Some estimate ought to be made of the produce which may
be reasonably expected from the funds proposed to be raised by
duties on liquors, &;c., to see whether it will be sufficient for the
ends proposed. This I think may be done from the custom-houses
in the most considerable places for trade in the colonies.

" MANNER OF FORMING THE WNION.

"No doubt any private person may, in a proper manner, make
any proposals which he thinks for the public benefite ; but if they
are to be made by the commissioners of the several colonies,
who now meet at Albany, it may be presumed that they speak
the sense of their constituents. What authority have they to do
this ? I know of none from either the Coimcil or Assembly of
New- York.

" However, these things may be properly talkt of in conversa-
tion among the commissioners for further information, and in or-
der to induce the several Assemblies to give proper powers to
commissioners to meet afterwards for this purpose."

APPENDIX.

PAGE 171.

SIR GTJY CARLETON TO GOV. LIVINGSTON.

"Head-quarters, New- York, 7th May, 1782.
» Sir,

" Colonel Livingston will have the pleasure of placing this
letter in your Excellency's hands. His enlargement, sir, has
been the first act of my command, being desirous, if war
must prevail, to render its evils as light as possible to individuals.

" It would be as difficult as it seems useless to trace from what
first injuries those acts of retaliation, public or private, which
have lately passed, are derived ; but it is ^highly important that
the practice itself should be brought to the most speedy conclu-
sion, without which we shall all be involved in one common dis-
honour. Thus impressed, I cannot help earnestly wishing that
you may find yourself disposed to recommend this point, which
humanity so much requires, to the deliberations of your Assembly.
The acts to which I allude having passed in your province, and I,
for my part, shall gladly meet you upon the ground of any regu-
lation, which may take from us this reproach ; and if any recip-
rocal engagement shall be required of me, I shall be ready to
adopt any measures which may be thought efiectual to this end,
fully sensible that acts of private passion and resentment, though
productive of much unnecessary evil, contribute nothing to public
and general decisions. What I have here proposed, sir, are the
arrangements of war ; but I shall be truly happy if any pacifica-
tion can be obtained, which may be equally safe and honourable
to all.

" I transmit herewith certain papers which will show your
Excellency the disposition of the government and people of
Great Britain. From the facts which your Excellency will
thence collect, you may judge what further consequences must
speed ily follow. I have the honour to be, with much respect,
" Your Excellency's most obedient servant,

(Signed) " Guy Carleton."

THE END.

\!. .u. 4^^A'C

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Full text of "A memoir of the life of William Livingston : member of Congress in 1774, 1775, and 1776 : delegate to the federal convention in 1787, and governor of the state of New-Jersey from 1776 to 1790 : with extracts from his correspondence, and notices of various members of his family"

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